and mainly revolves around section 138 of the Negotiable Instruments Act, 1881.
The two major issues before the courts are: 1) Post-dated cheques that are stopped by the bank or issuer, causing problems for whoever is to be paid by the cheque for goods or services provided and; 2) the reverse, in which a person is promised goods or services but does not receive them and has to stop the cheque.
It will only become cheque on the date shown on it and prior to that it remains a bill of exchange under Section 5 of the Act.
In other words, if this practice was accepted practice with your employer, and you can prove it, you may be able to show that it is lying when it says you broke one of its policies. Because I help people like you here, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you the best in your future.
Hi again, If you are admitting it was misconduct, you likely will not win an appeal.
Unfortunatey, yes, I think you may have a grave issue here that may not be defeatable before the UI adjudicator.
Generally, post dating may be considered uttering an untrue statement or fraud and of course forging another's signature is fraud and actually, a crime for which you could be prosecuted, much less terminated.
As noted misconduct is an express reason for denial.
If you are saying, "yes, I did it, but I did not know it was against company policy because people do it all the time" - then you MAY have some appeal leverage, with no guarantees.(4) A cheque is not incomplete or irregular on its face by reason only that it is post-dated (whether or not the date has arrived).The Commonwealth Bank of Australia's rules and conditions for cheques (2014: Section 1.7.6 'Dishonour of cheques') clearly state that a cheque will be dishonoured if it is presented before the post-date as written on the cheque for the reason that, '..cheque bears a date that is in the future.(2) A cheque is not invalid by reason only that- (a) it is not dated; (b) it is antedated or post-dated; or (c) the date it bears is a Sunday.(3) For the purpose of determining whether a post-dated instrument is a cheque, the fact that the instrument is post-dated shall be disregarded.In Serbia post-dating cheques is a customary practice in the retail industry.