Section 138

Querist : Anonymous (Querist) 21 October 2011 This query is : Resolved
a person x borrowed Rs 1.0 lacs from person y.out of 1.0 lacs,0.5 lacs arranged by 'y' by borrowing from his relative named z. after 1 year person y asked x to deposit Rs 0.5 lacs directly in the account of peson z with consent of z.x followed it and deposited money in the account of z(relative of x).can it be proved transaction between x and y.x deny payment to y.bank slip written by x and deposited in branch of x but in account of z whose branch is at other place.

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Biswanath Roy (Expert) 21 October 2011
Burden of proving the facts that payment to z by cheque was made under instruction of y by adducing evidence and it is a part of Rs.1 lac received from y.

prabhakar singh (Expert) 21 October 2011
I fail to understand what section 138 Ni Act has the role in your case.

The facts are simple.x took 1 lakh from y,y directed x to deposit in z a/c 0.50lakh ,he done it.

x denies now to pay y the balance or otherwise.

The deposit by x in z a/c it self is only a circumstantial evidence ;the y is required to prove his story independent in which it may become a leading circumstance only on the ground that z is relative of y and has no relation whatsoever with x.

prabhakar singh (Expert) 21 October 2011
Mr.Biswanath Roy !

where do you find in query that payment to z was made by cheque.???

Querist : Anonymous (Querist) 21 October 2011
y did not executed any document/acknowledement of loan given to x.x want to prove debt liability of x.his plea is that x paid Rs 0.50 lacs to y by cash deposit in account of his relative under his instruction and for balance amount x issued cheque to y. is this sufficient to prove liability of x when no documentary proof available to y.

Shonee Kapoor (Expert) 21 October 2011
Then the case under S. 138 is not maintainable.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Ravikant Soni (Expert) 21 October 2011
Is the cheque issued for entire amount or for the amount remain due??

Upon given facts and circumstances it is difficult to prove repayment of Rs.50 lacs.

Sailesh Kumar Shah (Expert) 21 October 2011
It is not case of 138.

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