Ramesh Chander (Advocate) 07 April 2014

Sec 138 o ni act

A sued B for failure to repay amount of cheque that was dishonored. B said that he had repaid the debt to A by borrowing funds from C. B placed on court record his balance sheet wherein he had shown liability from C.

Is plea of B sustainable in court?

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3 Replies

Arpit Saxena (Advocate) 08 April 2014

Not sustainable in eyes of law. Even if for a sake we consider that B take loan from C, but it doesnot proof that B discharge his liability. B has to proof by the way of documentary proof that A already received the debt amount, which is not possible by his own balance sheet. Regards. Arpit Saxena(Adv.)

chandani kumari (Corporate & Tax Lawyer) 08 April 2014

Yes. I appreciate Arpit reply................

Advocate Bhartesh goyal (advocate) 09 April 2014

No,B has to prove by cogent evidence [either receipt or through cheque] that he had repaid the loan amount to A.balance sheet prepared by B does not carry weight and is bogus document.