Cheque bounced.Who has to give evidence regarding date of issue of it?
What is the meaning of 6 months from date on drawn or validity period in 138 NI Act? A Cheque was given in December 2007 which can be proved by indirect evidence, i.e. Bank Statement showing cheque numbers prior to bounced cheque and cheque numbers after the bounced cheque cleared. The same Bank Account was closed in May 2008.
Drawer has put date 30/05/2010 by own handwriting and presented the same on 01/06/2010. The drawer claims that the said cheque was given on 30/05/2010.
Who has to lead evidence regarding date of giving cheque?
The primary onus is upon the signatory to prove that the cheque was issued on such date as claimed by you and if the signatory can prove that the cheque book from which the cheque was given was being used in a particular period or as you have stated that the cheques, prior and after the cheque in question were issued and encashed in a particular period, and the handwriting of the date is different, then it can be proven that there is material alteration of the said cheque.
In short, the evidence regarding the date of cheque has to be led by the person who has issued the cheque, i.e. the signatory of the cheque.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Cheque Bounce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Health insurance change from corporate to individual what can be done
- Friend entangled in non bailable case what can be done
- Can a resident welfare association ask for cancelling registration?
- Bank harassing guarantor for repayment of loan taken by borrower
- Can a person be put in jail if disobeyed the court order