Civil Procedure Code (CPC)

How court deal if borrower falsely says he return i in cash?

This query is : Resolved 
 

Online (Querist)
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)


Sankaranarayanan Online (Expert)
18 April 2021

Without any evidence for repayment it will not stand before the court,

Advocate Bhartesh goyalOnline (Expert)
18 April 2021

Court will not rely the statement of borrower that he had paid the borrowed amount in cash unless this fact is not proved by cogent evidence ( payment receipt ) by borrower.

ashok kumar singhOnline (Expert)
19 April 2021

agreed with views of earlier experts, therefore no comments so far.
thanks

Pradipta Nath (Expert)
19 April 2021

You can refute every statement/s, you think is not true.

Hemant AgarwalOnline (Expert)
19 April 2021

AGREE with above Experts advices.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

kavksatyanarayanaOnline (Expert)
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.

ZeeshanOnline (Querist)
19 April 2021

@kavksatyanarayana
No academic query.
This link is proof :-

https://www.lawyersclubindia.com/experts/getting-certified-copy-from-family-court-in-lockdown-719161.asp

Anubhav TyagiOnline (Expert)
20 April 2021

Hi, such submissions in the Court do not stand for a long time if there's no evidence for the same. A good lawyer would bring out all the truth during the time of cross examination.

Best Wishes
Anubhav Tyagi, Advocate
Delhi High Court

kavksatyanarayanaOnline (Expert)
20 April 2021

xxxxxxxxxxxxxxxxxxxxxxxxxxxxx Zeeshan ji it's ok.

P. Venu Online (Expert)
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?



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