Post dated cheque – if bounce, reqd docs to proove

Tilak Marg Forum for Legal Questions Forums Criminal Law Post dated cheque – if bounce, reqd docs to proove

Viewing 2 reply threads
  • Author
    Posts
    • #1034
      ravi kiran
      Guest

      I have no supporting documents except 2 post dated cheques(dated both on 25 mar 2017) and my icici bank statements from Mar 2014 – Dec 2014 which shows my money transfers to him.

      Had WatsApp messages and some voice calls recorded discussing these matters.

      Am i strong legally in case those cheques bounces ?

    • #1035

      Though your question is not very clear, it appears that you have paid money to someone and you have proof about transfer of money to that person in the form of bank statements, and that person has given you post-dated cheques.

      If this is the correct understanding of your question, then let me point out that if the cheques bounce, then you have to prove that these cheques were issued to discharge the debt or liability, i.e., the money due to you. In fact, there is a legal presumption in your favour and the court will presume that the cheques were issued for debt or liability. The opposite party, i.e., the person who issued the cheques to you, that the cheques were given for some purpose other than discharging the debt or liability.

      In order to ensure that in case the opposite party does not give any false evidence in this regard, you should keep whatever evidence is available with you to show that these cheques were given to you to discharge the debt or liability, i.e., to return the money that is due to you. For this purpose, bank statements, conversations or letters of communications, etc., will all be useful.

      Ultimately, it will be for the court to decide on the basis of appreciation of evidence furnished by both sides as to whether the evidence is sufficient. I have neither seen your evidence, nor that of the opposite party. So, I cannot comment on the value of evidence. But, I have mentioned the general legal background on this issue. You may consult some local lawyer by showing your documents / evidence.     


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

    • #1038
      ravi kiran
      Guest

      Thank you Ashok ji that’s exactly my situation is. You said conversations does that includes watsapp messages or text messages I sent to his mobile number as well. Also I have one understanding doc written on 50 rs stamp paper but not in original is that sufficient ?

Viewing 2 reply threads
  • The forum ‘Criminal Law’ is closed to new Questions and replies.