section 138 negotiable instruments act

Querist : Anonymous (Querist) 13 July 2010 This query is : Resolved
does loose bill in the case of cheque bounce case can be used as evidence. in a case complainant has filed loose bill and is not producing his bill book and he has conteneded that in his buisness bill book is not maintained and he uses loose bills

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Raj Kumar Makkad (Expert) 14 July 2010
If the complainant satisfactorily proves his claim that he uses only loose bills and not books then such bill is duly maintainable in evidence otherwise there is no scope to rely upon such paper. However, it is the accused who has to prove that he had not issued the cheque or the same is a result of fraud, misrepresentation etc. If he is able to prove it then presumption is rebuttable on the part of complainant.

DEFENSE ADVOCATE.-firmaction@g (Expert) 14 July 2010
No loose bills allowed in evidence whatever you prove.

When consideration is not proved no duty on accused to prove why he gave cheque.

Uma parameswaran (Expert) 14 July 2010
Loose bill are always keeping by the purchaser and not by the supplier.Look whether the complainant is tax payee or not.Burden of proof is on the accused.

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