I have filed a case against a person who took 5lakh from me and issued a post paid cheq of 5lakh. In the afidavit I had stated that the accused asked for a loan and I had paid to him in cash. The accused had indeed signed the cheque himself. Now in cross examination the accused's lawyer told me that loan means that I am a money lender and I should have license and submit my tax returns. However the Magistrate told me that in cheq bounce case the question of money lending or source of funds does not arise. Only the case should be legally enforciable.
Now what sections can my lawyer quote against the argument of the accused lawyer?
What should I say in my statement in cross examination regarding the loan, and can I say tht I have not taken any interest and hence it does not fall under money laundering?
Also the accused's lawyer said that the cheq was only issued as security and hence a bill of exchange. What argument can we give against this ?
Thanx in advance
