Proof of security and/or post-dated cheques
Kunal Sarkar
(Querist) 12 August 2014
This query is : Resolved
Respected sir,
As we came to know that, the Apex Court viewed that, the Security Cheques and Post-Dated Cheques are not within the preview of Section 138 of NI Act.
Therefore it is the burden of Accused to proof the same and obviously the Complainant denied the fact regarding the disputed Cheque was issued by the accused on Security basis and/or the same is Post-Dated.
Then what is the modes of proving the same by the accused.
So far my knowledge to proof any cheque was issued on security basis and/or Post-Dated, the Expert Opinion regarding the Age of the ink used in Signature of the accused person from the age of the ink used in fill-up the Rest Contents of the cheque.
But it is reveals from some case laws that, there is no such Forensic Laboratory and/or Expert available in India to ascertain the age of the ink.
Therefore Please suggest me the different modes of proving Security Cheque and Post Dated Cheque in absence of my documentary evidence and/or communication available in the hand of accused person.
ajay sethi
(Expert) 12 August 2014
how are you affected ? if you want discussion on this issue raise it in forum section
T. Kalaiselvan, Advocate
(Expert) 16 August 2014
You have a very good question to discuss about but this is not the right place, the experts here do not conduct tutorial classes to tutor issues of academic interest.
