It is a common banking practice in Malaysia that if a cheque is not presented for payment within six (6) months from the date of issue, it is considered a
stale cheque.
A stale cheque should not be paid. This is to protect the drawer in case the cheque has been lost or payment has been made using other methods.
You are advised to get a replacement of cheque that is more than six (6) months old.
However, there may be situations when the drawer of a cheque limits the cheque validity period to less than six (6) months. For such case, the validity period will be clearly printed on the face of the cheque.
Where there is a dispute, a cheque remains legally valid in order to prove a debt for a certain period from the date of issue, generally three (3) or six (6) years, depending on applicable law of limitations in Malaysia.
The Limitation Act 1953 (Act 254) applies in Peninsular Malaysia while Sabah has its own Limitation Ordinance (Chapter 72) and Sarawak, the Limitation Ordinance (Chapter 49).
Notes
- Drawer means the person who draws or signs a cheque.
- Payee means the person to whom the cheque is drawn or made payable.
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