If the perpetrator asks the victim to hold the check for a few days before depositing it, and the victim agrees, the case is no longer a criminal matter. This amounts to the perpetrator saying , "This check is NOT as good as cash today. I plan to make it good, and you will be paid for your merchandise in the future." THAT is a debt, a civil case. The same applies if the perpetrator gives and the victim accepts a post-dated check. The legal significance of post-dating is that the check is not expected to be good until the date on the check. If the check bounces it is equivalent to the perpetrator not honoring an IOU.
So it becomes a matter of intent here, Was his intent to deceive you by giving you a post dated check, and at the same time telling you it's ok to cash it. Obviously you having witnesses who heard him say it's ok to cash it tomorrow might help you in persuading a prosecutor that criminal intent was intended by this individual and he/she might file charges, but again it's not 100% guarantee that the prosecutor will go for it.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).