Negotiable Instruments act

Querist : Anonymous (Querist) 19 December 2009 This query is : Resolved
Dear sir

Can you advice me for the following:

A) Received a cheque for Rs.15 lakhs against the supply of materials. The cheque was issued after the supply of the material with the request to keep till they (the buyer of the material) transfer the funds through RTGS funds transfer.

We can surely prove our 'receivable' amount which is above Rs.15 lakhs. They could not transfer the money as promised. Later we presented the cheque to the bank. The same was also informed to the buyer also. We have the clear evidance to prove this fact. But the cheque got returned due to insufficient funds in his account.

I have followed all the procedure prescribed in NI acfiled with the court.
The buyer / accused replied to my notice (which was issued by me as required in NI act) that he had issue the cheque only as security and i should not present the cheque.

Please advice me in this regard & pl send me any apex / high court judgements in this regars (i.e security cheque). Please also advice me how i shall produce my case / where to highlight. My case is expected to come for trial in next three months.

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Arvind Singh Chauhan (Expert) 19 December 2009
As you says, in your case you have sufficient material to prove the liability to pay. if accused resort on another recourse, burden is on him to prove.

H. S. Thukral (Expert) 22 December 2009
Are you a practising lawyer? If not then please engage a lawyer. Certain legal points can be better handled by the lawyers. However if you have sound knowledge of law, I would advice you to go through the Delhi HC judgment in the case of KS Bakshi v State and another 146(2008) DLT 125

Querist : Anonymous (Querist) 23 December 2009
Dear Harbhajan singh sab

Thanks for your kind reference of the case. I could not get the judgement through Delhi high court web site. Can you please provide me the judgement or pl post me the web address, which can really help me to our case

H. S. Thukral (Expert) 23 December 2009
Go to www.delhicourts.nic.in
next go to Delhi High Court Judgements
Go to year 2007 month Nov. Date 2nd.

Querist : Anonymous (Querist) 23 December 2009
Dear Harbhajan sab

I got it. Thank you very much. Can u advice me whether ' email correspondance' can be used as ' supporting / circumstantial evidance' to prove our case since both complainant and accused were from corporate environment and there had been lot of e-mail correspondance between them. If this is acceptable in court as evidance, is there any procedure to follow. Please advice

H. S. Thukral (Expert) 24 December 2009
I have not gone through the Information Technology Act. Other Ld. Friends might advise you. I might also go through the Act and advise you later. However the onus is on the accused to prove that the cheque was not issued in discharge of any liability.

Querist : Anonymous (Querist) 25 December 2009
Thank you Harbhajan singh sab

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