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Anu (Law Officer)     07 November 2013

Security cheque ?

SIR..

Complainant ...........A (Client)

Accused...................B

(B starts new business deal with A )  B issues on 24/05/2010, a post dated cheque for 26/07/2010,  for dealing as advance payment for Rs.2,00,000/-, against a formal receipt. 

On 12/07/2010,  A provides his services for above amount to B and raise a bill in his favor on same day. Cheque fails on 18/09/2010.

Now B is taking defense that above cheque was issued when there was no his legal liability (the cheque was issued not for the purpose to discharge legal debt but as only security purpose) towards him rather he become liable to complainant later on (17/10/10). Moreover court is looking something in his this defense.

Where complaint stands? 

Please guide me.............

 

 

 



Learning

 1 Replies

Virender Kaulsee (Law-Officer)     08 November 2013

Dear 

it is usual practiced by the advocate that accused mostly takes defence of security cheque, but it is very difficult to prove at the trail n burden of prove lies on the accused to prove the same on court record and court will always presume that the said cheque was issued towards legal enforceable debts.

 

 

Regards,

Virender kaulsee

Law-officer


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