Bearer cheque: denied by drawee
Querist :
Anonymous
(Querist) 14 September 2011
This query is : Resolved
I issued a bearer cheque in the name of a person. He signed on the back page of cheque. I circled his signature and do my sign as verification/attestation of his signature. He draw the amount from the same bank where is my account. Details with his name are mentioned by the bank in my bank statement/passbook. I get the certified copy of that cheque from the bank that shows his another sign on the back page of the cheque at the time of delivery of amount by the bank. Now he denying that he has drawn the amount and saying that it may be drawn by his son who expired. Actualy there was an oral agreement for sale the house of that person to me. That amount was given to him by me as a part of consideraton money in advance. After that he denied to sell. My question is -
1- Is it provable that money was transfered to him?
2- How can I get back (refund) the amount?
Raj Kumar Makkad
(Expert) 14 September 2011
1. Yes. His name depicts on the cheque and the pass-book and he didn't lodge any police complaint of theft or loss of aforesaid cheque so he is ultimate recipient may be through some other person.
2. As there is no written agreement between you and him so except making claim orally that he received the amount against a loan, you can do nothing. There is no legal way to get back that money.
