Once the cheque is issued liability is proved.
rds
(Querist) 22 February 2013
This query is : Resolved
RESPECTED SIR,
once the cheque is issued liability is presumed to be in existence unless contrary proved
Please give me judgment on once the cheque is issued liability is proved.
Thank You.
Nadeem Qureshi
(Expert) 23 February 2013
Dear Querist
liabilty should be proved before the court the at the time of issue the cheque the person who issue cheque, issue the cheque against the liability.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 February 2013
On the contrary reverse is true and most complainant do mistakes on the presumption that once cheque is bounced they have perfect case.
Very recently Oct 2012 the SUPREME COURT has given following direction in the cheque bounce case.
The defendant can prove the non-existence of a consideration by raising a probable defence. If the defendant is proved to have discharged the initial onus of proof showing that the existence of consideration was improbable or doubtful or the same was illegal, the onus would shift to the plaintiff who will be obliged to prove it as a matter of fact and upon its failure to prove would disentitle him
to the grant of relief on the basis of the negotiable instrument
THE SUPREME COURT HAS ALSO FURTHER DIRECTED THAT-
The court may not insist upon the defendant
to disprove the existence of consideration by leading direct evidence as the existence of negative evidence is neither possible nor contemplated and even if led, is to be seen with a doubt.ā€¯
R.K Nanda
(Expert) 23 February 2013
no more to add.
ajay sethi
(Expert) 23 February 2013
agree with experts
