In a case now, Complainant has only cheque returned, return memo from Bank, legal notice issued duly acknowledged. Promissory note given by the party is not available (returned on receipt of cheque). Filed case in the Court. In the absence of Promissory note, what are the chances of succeeding. How to go about. Kindly advise.
1. "IF" loaned /advanced amount was duly given via Cheque /Bank Transfer, THEN appropriate amount debit confirmation certificate of complainant's Bank would be sufficient to constitute "legally enforceable debt /liability" of accused, alongwith other relevant witnesses and/or documentary evidences.
The burden of proof in any negotiable instrument like cheque is always with the drawer, and he has to establish that the cheque was not supported by any consideration. Ultimately the case has to be handled by a professional and he will guide you in legal aspects after studying the facts and available documentary proof. The chances of getting a favourable verdict in favor of the payee. are more if it is a bonafide transaction.