Cheque case maintainable or not
Krishna
(Querist) 08 May 2017
This query is : Resolved
My name Krishna,
my elder brother by name Suribabu gave me Rs 5,00,000/- by way of cheque two years before. the reason for giving cheque is that he has sold away some movable properties of our ancestries long back so he has given me the cheque of Rs 5,00,000/- as an entitled share of me by way of compensation. I have encashed the money also.
recently we both had conflict between us therefore he filed civil suit against me stating that he has borrowed money to me by way of cheque for my sundry debts and also stated that inspite of repeated requests i have not repay him the money but whereas he has never asked me the money in oral or written by way of notice.
I need advice whether this suit is maintainable or not?
By issuing a money by way of cheque will stands as borrowed money? than for what purpose the Promissiory notes are there as Negotiable instruments?
Is it not Discharge of liability?
Kishor Mehta
(Expert) 09 May 2017
Sir,
Unless you have some tangible evidence of what you state about your share in the ancestral property and any written agreement, then the amount that you have received with a cheque may be termed a repayable loan.
You should immediately consult a lawyer.
Good luck,
Kishor Mehta
Krishna
(Querist) 09 May 2017
now-a-days cheques are generally given by many individuals in favour of other, that doesnot mean there should repay the amount or how can we say that this money is given as loan without reduced into writting as borrowed amount..
