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dharmendra Singh (no)     10 June 2011

Status of bearer cheque as evidence/proof

A part of consideration money (3 lakhs) for a house paid through bearer cheque, in advance to owner of house before execution of sale deed. After two months he refuse to sell the house and assured to refund money. In two years he refunded only 80 thousands. The details of date and refunded money is writen on a plain paper with signature of both parties. After that he denied the cheque and money. In this case, a photocopy of incashed bearer cheque certified by the bank and statement/entry of withdrawl of money by cheque (in the name of hose owner) in the passbook of cheque issuer and that plain paper may be treat as a sufficiant evidence in court to prove the transaction or not?      



 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 June 2011

It is answered in the Expert column.

Sathya Narayanan V (mts)     09 February 2014

Hi,


Even I have a similar situation, ie.,  my payments to a vendor is in the form of bearer cheque, but I ve not been given any receipts so far (postponing it for various reasons),  and the service to be delivered in return  is not yet even initiated and the progress is under question.

  will any experts pls guide me on how I can safe guard my payment ?


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