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Chethana (Accountant)     07 March 2016

Proving case

Sir, In this cheque bounce who should prove following points? should this be proved by complainant or accused?

1. Cheque signature accepted by Accused. Content of the cheque not accepted.
2. Accused denying liability.
3. Accused denying encashing a cheque taken from complainant where he puts his signature on the back side of the cheque while receiving cash. Per court summons, Bank has produced processed cheque in court.
4. Accused executes Short Term Loan Agreement on e-stamp which was prepared and signed by accued while taking loan and no witness. In the Court, accused accepts signature on the e-stamp and rejected contents that were typed-in.
5. Accused given accouts statement in a paper in his own handwriting with signature, now he is not accepting having given any such written paper document. Disputing hand writting and claims forgery.
6. Accused not accepting having sent any SMS to complainant about liability. Complaiant got SMS authenticated by Private FSL Lab and submitted the same in court. Now accused claims that SMS fake and doctored.
7. Accused sends several email to complainant and same has been submitted and marked in the court by complainant. Now accused claims those docs irrelevant.


 1 Replies

Nitish Banka (lawyer)     08 March 2016

If a check is bounced there is a presumption that there was an legally enforceable debt and merely denying the content would not discharge the onus.

Warm Regards,

Advocate Nitish Banka



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