With Pro-note and cheque---Can I succeed in court?

Querist : Anonymous (Querist) 14 January 2011 This query is : Resolved
I have been given a pro-note and a cheque only given by my friend.

I have no other document to prove my legally enforceable liability towards my friend.

Would I succeed,if I sue him?

Are these documents sufficient to prove my claim,what if he challenges in the court that there is no legal liability towards him?

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Querist : Anonymous (Querist) 14 January 2011
I would add,that is it necessary to tell the court that why I was given the Pro-note by the signatory of that pro-note, if I sue on behalf of pro-note only?Some one suggested that order 37 can be filed with pro-note only?

Gulshan Tanwar (Expert) 14 January 2011
Ppl are smarter too, your friend might have lodged complaint about those pronotes that you have escaped with them; then what consequences you will face? Do you know, so it is better either to return the same to the person who issued it or to ask your friend to refund the amount or simple just forget it, as with pro-note and cheque you will not succeed instead you will land in trouble.

Advice: Wait for some more time and ask your friend why he is not giving back the amount but through legal notice.

Gulshan Tanwar (Expert) 14 January 2011
Also what you will do if your friend had also three blank cheques issued by you in his name and without date--- then?

Advocate Bhartesh goyal (Expert) 14 January 2011
Yes,It is right that on the basis of Pro-Note and Cheque you can file a civil suit for recovery of amount but you have to prove legally enforceable debt or liability against which such Pro-Note and Cheque was issued.

s.subramanian (Expert) 14 January 2011
Pronote is a good documentary evidence of a legally enforceable liability. You need not worry.

Kirti Kar Tripathi (Expert) 14 January 2011
Though the opinion of learned experts is correct but apprehension made by Mr. Gulshan can not be rule out.

Amit Minocha (Expert) 14 January 2011
if the propnote and cheques are filled by him in his own handrwiting it may b of some help. If you able to shos source of payment to them it may also help to some extent. Amount can be claimed. It is better to take a chance then to forget the money without the efforts. I donot agree with Mr Gulshan.

JT Rajasuriya, Chennai (Expert) 14 January 2011
The issuer of cheque & pronote will either have to accept or deny that the same were issued by him. If he accepted then he has to say for what purpose he had issued. As everyone will know the preseumption of debt exists in NI Act against the issuer and he has to give valid reasons/ evidence to negate the same.

Ajay Bansal (Expert) 14 January 2011
See A.I.R. Manuals.

Gulshan Tanwar (Expert) 14 January 2011
Chance can also become mischances; as the Author would not be able to prove the same as ITR are not filed by the both parties; then it would tantamount to illegal money and then what will be consequences and remember the case of Sajjan Singh....:)

Querist : Anonymous (Querist) 14 January 2011
Gulshan Ji,Please give web link of case of Sajjan Singh.

Ajay Bansal ji,I am a layperson, better if you give the web link of AIR manuals