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?

Answers (1)


269 votes

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.


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