bearer cheque as an evidence

Querist : Anonymous (Querist) 10 June 2011 This query is : Resolved
A part of consideration money (3 lakhs) for a house paid through bearer cheque, in advance to owner of house before execution of sale deed. After two months he refuse to sell the house and assured to refund money. In two years he refunded only 80 thousands. The details of date and refunded money is writen on a plain paper with signature of both parties. After that he denied the cheque and money. In this case, a photocopy of incashed bearer cheque certified by the bank and statement/entry of withdrawl of money by cheque (in the name of hose owner) in the passbook of cheque issuer and that plain paper may be treat as a sufficiant evidence in court to prove the transaction or not?

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PALNITKAR V.V. (Expert) 10 June 2011
The documents referred by you can be tendered into evidence. But whether those would be enough to decree your claim, depends on other circumstances also.

prabhakar singh (Expert) 10 June 2011
yes MR.Palnitkar is right.

adv. rajeev ( rajoo ) (Expert) 10 June 2011
yes the documents mentioned in your questions are the valid documents. The plain paper what you have produced can be objected by the other side in the court contending that it is not properly stamped and revenue stamp is not affixed, in such cases it can be sent for paying proper stamp duty to the Deputy Commissioner of the dist., who can make the valuation of that.

Advocate Bhartesh goyal (Expert) 10 June 2011
I do agree with Mr rajeev.

DEFENSE ADVOCATE.-firmaction@g (Expert) 10 June 2011
unless there is a registered document for agreement to sell , all other papers have no relevance . More ever lapse of time will go against you and your allegations will be treated as after thought.

Ajay Bansal (Expert) 10 June 2011
A case insufficent evidence.

Ajay Bansal (Expert) 10 June 2011
A case of insfficent evidence.

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