Whether debt is legally Enforceable or not.
Goutam
(Querist) 15 October 2010
This query is : Resolved
Hello friends,
I am counsel from the complainant side. My client gave a friendly loan of Rs-35000/ to his friend in cash without any interest. After sometime the accused (friend) gave a cheque to pay off his dues(debt). But the same was dishonoured. I file a complaint U/S 138 of N.I act against him.
The counsel of opposite side is asking now whether debt(loan) is "Legally Enforceable" or not.
My query is:-
1. How i can prove that my debt is legally enforceable.
2.What documents i have to show to prove this.
R.Ramachandran
(Expert) 15 October 2010
The documents could be, if he has given any promissory note. Other wise if he has given anything in writing saying that he will return the money within such and such time etc.
Kirti Kar Tripathi
(Expert) 15 October 2010
prima facie under the NI Act issue of a cheque is considered as it is issued against the liability, unless contrary is proved. you can adduced oral evidences of witness before the said amount is given to the accused. this is sufficient.
Arun Kumar Bhagat
(Expert) 15 October 2010
It was not legally enforceable, is the headache of accused because the accused has to rebut the presumption u/s 139 of The N.I.Act. You are not required to prove it.
Sri Vijayan.A
(Expert) 16 October 2010
1.The bounced cheque itself is enough.
2.The accused may take a step that he had not given the cheque and it has been missed.
3. Pl work on that view, make rehearsal to counter that type of arguements.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 October 2010
Even if the chque is there but the complainant is not able to prove that the liability is legal liability , no conviction possible.
The bounced cheque presumes liability but the accused has right to rebut it and complainant has to prove beyond all dobuts his case.
SAANJAAY GUPTAA
(Expert) 19 October 2010
Cheque itself prove that it issued against the some liability and you have to prove orally regarding loan liability.
Parthasarathi Loganathan
(Expert) 24 October 2010
Demand Promissory Note duly stamped in the basic document to hold the debtor responsible for the liability provided it is enforceable. Else, litigation process will become cumbersome to establish the borrower - creditor relationship.
