cheque case - no supportive document

Advocate.S.A.Siddiq (Querist) 20 August 2010 This query is : Resolved
In forex trading company issued cheque to invester, cheque was dishonor , case filed u/s 138. no other supportive document to produced the court.
Whethter this case maintainable or not ?

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pawan sharma (Expert) 20 August 2010
Yes, Maintinable.

DEFENSE ADVOCATE.-firmaction@g (Expert) 20 August 2010
You should have other documents to show relationship if not no hope irrespeive of contrary opinion by others.

s.subramanian (Expert) 20 August 2010
The initial presumption under Sec.138 of NI Act is in your favour that it has been issued in discharge of a legally enforceable liability. If the Forex Company is able to prove that the contrary only the burden shifts to you. At that time only the question of documentary evidence will arise to prove the debt. We will cross the bridge when we come to it. Proceed boldly. Good Luck.

Guest (Expert) 20 August 2010
YES.

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