Post dated cheque – if bounce, reqd docs to proove – 2

[ravi kiran]

Thank you Ashok ji that’s exactly my situation is, discussed in Thread

http://tilakmarg.com/forum/topic/post-dated-cheque-if-bounce-reqd-docs-to-proove/

1) You mentioned conversations, does that includes watsapp messages or text messages I sent to his mobile number as well?
2) I have one understanding doc written on 50 rs stamp paper but I have it in xerox copy only as original is taken back by him while issuing the cheques. Will xerox copies are sufficient as a proof?
3) What if he Stops / Cancels the cheques before I submit in bank?

[Dr. Ashok Dhamija]

(1) Whatsapp messages may also be part of evidence. They may be included in the evidence relating to electronic record, and you may have to follow the procedure laid down in Section 65-A and 65-B of the Evidence Act to prove such evidence.

(2) Xerox copy of a document is “secondary evidence” of the document as per Section 63 of the Evidence Act. Secondary evidence may be used to prove the document as per the provisions of Section 65 (and, if necessary, by following the provisions of Section 66 also).

(3) Stop payment of cheque may also amount to cheque bounce under Section 138 of the N.I. Act, if the cheque was for discharge of a debt or liability and if other requirements of Section 138 are satisfied.     

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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.

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