already case gng on in court as lady took 6 Lakhs as liability paid interest for 3 months n after Dt no interest and and returning actual amount. it's been 3 years now this year filed case on her have her promissory note and cheques now she gave written statement from her lawyer stating d documents produced in court is fraud ani so my lawyer said to deposit cheque and file a cheque bounce case. by this v can show court d proof of taking money..will this work out..help me process of cheque bounce case
As per your query, cheque is supported with promissory note as proof. In a recent decision as opined by Apex Court states that "Under Section 118(a) of the Negotiable Instruments Act, the court is obliged to presume, until the contrary is proved, that the promissory note was made for consideration. It is also a settled position that the initial burden in this regard lies on the defendant to prove the non-existence of consideration by bringing on record such facts and circumstances which would lead the Court to believe the non-existence of the consideration either by direct evidence or by preponderance of probabilities showing that the existence of consideration was improbable, doubtful or illegal. ..." If you want I will provide Judgment. Without any dout you can proceed your case.
Thank you for the reply maam I am the complainant..i want advice that what is the process of cheque bounce case ma'am..?? since my case is going on in civil court on the accused person who took 6 lakhs but not returned till now.. it's been 3 years so filed case this April.