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rajesh r   29 August 2019

138 ni

dear sir/s


an unknown person has been made party to present my cheque for 3 lakhs saying he has given me 3 lakhs in cash on 01-07-2018. I have received a summons from the honourable court. is paying 3 lakhs in cash legal.


Learning

 7 Replies

Real Soul.... (LEGAL)     29 August 2019

That is the check bounce case,just file your defence in the court through some good advocate.

1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     29 August 2019

You have to fight out the case. Provide all the necessary information to your advocate to present your case. 

1 Like

rajesh r   14 December 2021

dear sir ... cross was done . the complainant has given contradicting answers during cross for eg he received the cheque on the same day he paid the cash ... he has paid cash in 1000 denomination in 2018. again he said he received the cheque after 3 months of paying cash . he said he was a business man .. when asked for documents reg his business he said he is not a businessman but an agricultural farmer. after some more questions he said he received the cheque not from me but his brother in law . and lastly he said he is an 8ncome tax assesse and has shown the loan amount he paid to me in his returns . when asked for proof he said he doesn't have .

Kawmini Liyanage   15 December 2021

Greetings!

In commercial matters which come under civil suits, the party who makes the complaint has to prove his case. (onus vests on plaintiff) and the matter should be proved in the balance of probability. If he fails to provide evidence, to back his claim, as the defendant in the case, your party can make a claim by way of a motion to the court to dismiss the case depending on the fact there's a lack of evidence. And can ask for compensation as well.

Regards,

Kawmini Liyanage

1 Like

rajesh r   17 December 2021

thank you for the reply

SUMAN CHAKRABORTY (7278624428) (Legal Practitioner)     08 October 2022

I have an query before that whether have you received any demand notice before receiving the summon from the Court?

rajesh r   08 October 2022

Yes I  received a demand notice and have replied to the said notice taking a stand that i don't know as to who the complainant is as i have never met him or had any transactions whatsoever.


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