1. To prove his point he has to  show evidence that the bounced cheque was issued against dischargeable liability on him by the issuer of of the cheque,

 

2. In this case he has to show evidence of his providing such loan in cash and also from where he had withdrawn it,

 

3. He can be called upon to submit the I.Tax return declaring his having so much of cash and showing payment of I.Tax while earning that much amount,

 

4. IT department can be informed about his such claim which will put him in trouble,

 

5. Payment of Rs.3 lakhs in cash is also not legal,

 

6. His taling loan for R.1.8 lakhs while giving interest free loan of Rs.30 lakhs in cash will be certainly questioned by the Court,

 

7. Your plea that you had issued and handedover blank cheque to pay the future electricity bill may be treated as a valid point if you can prove that earlier also he had filled up such blank cheque to pay electricity bill.

Dear Querist

if he will be unable to prove his allegation then his complaint will be dismissed and the accused may get an acquittal

As per your contents the complainant will not be able to prove his source of income, T returns and ultimately legally liable debt. The case may stand dismissed. Hence wait for the disposal and decide about further action on the complainant.

Friendly loan in cash in cheque bounce cases Posted by: Nitish Banka Categories: Uncategorized No comments Sometimes in usual course of business blank cheques are handed over to trusted persons and the cheques are often misused by these persons under the guise a friendly loan is given to the accused. Now this amount as shown by the complainant is in cash and since its a friendly loan no paper work is done. But since burden to prove that the cheque was not issued as a legally enforceable debt is on the accused in cheque bouncing case then how he will discharge this burden is the main ground. Cross examination is an opportunity granted to the accused in such cases as well as his statement under 313 CrPC Image result for cheque bounce In cross examination following questions must be put up-: Have you withdrawn the money from the bank ? if the accused has in fact given a loan to the accused person he must have withdrawn such money from the bank. if the answer is no there will be no record of such transaction. If the amount is above Rs. 20000/- an dis in cash it is hit by section 269SS of income tax and is a transaction prohibited by law. for this just as have you paid money all in cash? Have you signed any acknowledgement of debt from the accuse? since its a friendly loan no record was available for this? Have you shown this amount in ITR? If he produces ITR and balance sheet then ask for the basis on which he has mentioned loan against the accused in balance sheet when no document in support of transaction is there. If the complainant does not produce the ITR then the cash is black money and again rebutting the presumption of legally enforceable debt. As held in Sanjay Mishra vs Ms.Kanishka Kapoor The learned Judge held that the applicant has failed to establish that the cheque was issued by the 1st respondent in discharge of legal liability of the loan amount. The learned Judge observed that the 1st respondent has denied her signatures on the bill of exchange as well as the cheque subject matter of the complaint. The learned Judge has taken into account various circumstances borne out by the evidence on record and has passed order of acquittal. The learned Judge also considered the admission of the applicant that the amount advanced was an unaccounted amount which was not disclosed to the Income Tax Authority. Therefor recovery of black money is impermissible in law. Advocate Nitish Banka nitish@lexspeak.in