People typically postdate checks intending that the recipient not deposit or cash the check until a later date, because payment is not due until that later date. How can a prosecutor win a guilty verdict if the prosecutor must prove that the defendant had the intent to defraud the recipient of the postdated check?
For example, someone might mail a check for a utility bill before payment is due, and put the bill's due date (not the date the check is being written) on the check. In some cases, direct evidence may exist that proves that the defendant wrote the postdated check with the intent to cheat the recipient out of goods or services.
But, what if the recipient attempts to cash the postdated check at the future date, but the check bounces? A person writing a postdated check may violate the law if the check is returned by the bank to the recipient because the maker’s account does not have the funds on deposit necessary to cover the check. What about cases involving postdated checks where direct evidence of the defendant’s knowledge or intent to defraud does not exist?
Additionally, at the bank’s discretion, there could be a hold on the funds until the check clears.Whether a post-dated cheque may be cashed or deposited before the date written on it depends on the country.A Canadian bank, for example, is not supposed to process a post-dated cheque and if it does so by mistake, the cheque writer may ask his or her bank to correct the error.a post-dated cheque presented for payment before the date appearing thereon, the cheque will be returned marked post-dated or the bank will hold on to the cheque until it is able to be cashed in.The lies in the banker paying a post-dated cheque and subsequently dishonouring another cheque which ought to have been paid but had to be returned due to lack of funds.Another common scenario occurs where a check recipient agrees to accept a postdated check in exchange for goods or services, even though the maker of the check has informed the recipient that the checking account will not contain adequate funds to cover the check until the date used on the check. For example, at trial, a witness might recount a defendant’s statement made to the witness admitting that the defendant wrote the victim a worthless check in order to get the victim to provide the defendant something of value.