Cheque dishonoured
KAPIL
(Querist) 16 November 2012
This query is : Resolved
Sir,
It is bring to your notice that I was issued one blank cheque for Rs.2 Lacs to party for purchasing plot in advance during the year 2008-2009. The same cheque was filled by the party. But deal could not matured due to dispute between parties. No paper was signed by both parties.
Now, he has suit upon me with the remarks that he had given me a cash loan against above cheque. Can he prove that he has given me a cash loan on the behalf of cheque.
Please suggest me what i have to do?
Awaiting ur reply.
Kapil Bhatia
ajay sethi
(Expert) 16 November 2012
you have to deny that any cash loan was received . the burden of proof is upon the plaintiff who filed the suit
KAPIL
(Querist) 16 November 2012
Sir,
Which proof i have to ask him to submit in court. please suggest me.
If you any judgement for the same case, please provide me.
Thanking you
Kapil Bhatia
Devajyoti Barman
(Expert) 16 November 2012
The presumption of loan is against you.
Sp first you have to discharge this onus. Once that is done then the complainant will have to prove the loan.
V R SHROFF
(Expert) 16 November 2012
Compl will not succeed, as CASH LOAN not allowed now. SC direction NI very clear. Burden to prove wil be on complainant.
KAPIL
(Querist) 27 November 2012
kindly provide me a judgement of supreme court/high court wherein clearly written the cash loan is not allowed.
V R SHROFF
(Expert) 27 November 2012
Keep some work [like digging SC citation for ur adv. ] They will do necessary legwork, and burn their midnight oil to search citations.
ajay sethi
(Expert) 27 November 2012
visit indian kanoon website for judgements
