18 April 2021
A person has borrowed some money through a cheque. He also gives an advance post-dated cheque to the lender.
Later, before the due date, he asks the lender not to submit the cheque in the bank as he has no money due to this or that reason. He, his wife, his son started crying and begging and ask for some more time. The lender feeling pity did not submit the cheque in the bank.
Still, he did not return the money after some more time. Later on, the lender came to know that the borrower becomes professional fraud and had done this with many persons.
Now in court, the borrower is saying that he has returned half the amount in cash.
How do lender or the court deal in this situation when a person claims that he returned the money in cash? ( Which he took through cheque)
19 April 2021
It is the responsibility of the lender to prove that he has borrowed and not give any amount. Next, Zeeshan ji you put frequently some queries on this platform. I think most of them are academic.
20 April 2021
"Now in court, the borrower is saying that he has returned half the amount in cash"! How he is saying has he appeared as his own witness and deposed under oath? Or, is it a statement, when questioned under Section 313?