It is brought to ur notice that I was given a cheque of Rs.2Lacs to one person against purchase of land.But he has suit on me that was received by him aforesaid cheque against cash payment to me as loan. If he goes to court for justice. Can he prove in court that the same cheque was issued by me against loan. if yes, how and under which section.
21 October 2010
sections are not created based on examples.
It all depends on evidences. IF he has given the loan in cash, he should have evidence. If you have given cheque for property , you must have documents.
I was given a cheque to him as token money against property, i said him that the same cheque will be encashed only if makes agreement with me in written. But he did not make any agreement with me nor return cheque to me. I had number of time visited in his office with my wife, he did not given back my cheque. I compelled to close my saving account from where that cheque was given. When he presented the same cheque into bank, the bank return the cheque to party with remarks "insufficent fund". Now he has filed suit upon me with the demanding Rs.2Lac under section 138. He is saying that he has given cash loan to me against the same cheque. Please suggest me.
I was given a cheque to him as token money against property, i said him that the same cheque will be encashed only if makes agreement with me in written. But he did not make any agreement with me nor return cheque to me. I had number of time visited in his office with my wife, he did not given back my cheque. I compelled to close my saving account from where that cheque was given. When he presented the same cheque into bank, the bank return the cheque to party with remarks "insufficent fund". Now he has filed suit upon me with the demanding Rs.2Lac under section 138. He is saying that he has given cash loan to me against the same cheque. Please suggest me
CAclubindia
