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KNK A Learner (Learning to share)     08 May 2011

Fake Promissory Notes, Claiming huge amount in Court

Hi,

In a Dowry Case, FIL is producing Fake Promissory notes and Claiming Huge amount as Dowry Which is totally false, He is claiming that he barrowed from his friends and showing those Promissary notes in court, How to prove them wrong. Can i ask for Bank transaction of them, what is the authencity of those notes in the eye of law, how to get the real transactions

Thanks in advance.



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 May 2011

you have to cross examine your FIL effectively.  Burden lies on your FIl to prove it and it is on you to disprove it.  To prove the promissory notes evidence is very important.

MRKGANDHI (Advocate)     09 May 2011

It is not very difficult to counter fake promissory notes when the amounts are very heavy. The imporatant points will be source of funds, relationship with the person alleged to have paid and received by the other, whether such amounts are given in cash or cheque, whether the interests amounts are reflected as income tax returns and if he is a government employee whether he has informed the competent authority; besides the other forensic options. These are in addition to other technics adopted by the advocates for cross examination.


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