Proof by complainant about cheque by accused.

Querist : Anonymous (Querist) 27 July 2011 This query is : Resolved
A cheque is bounced and so the holder files a case. What the proof that the cheque was issued from the account of the accused.

Many parties skip to give evidence in the matter by the concerned bank. So in absence of any deposition by the bank how the court can believe that it is the cheque issued by the accused.

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ajay sethi (Expert) 27 July 2011
1)when a legal notice is issued by the complainant to accused on dishonour of cheque has the accused denied that any such cheque was issued ?

2)in addition accused is entitled in section 138 proceedings to lead evidence . in his evidence accused can always take stand that he does not have any account in the bank which cheque was issued nor has he signed any such cheque .

3)in the absence of any such denials by the accused the court will go through the evidence on record and pass orders .

Querist : Anonymous (Querist) 27 July 2011
My question is that if no evidence is given by bank whether the case will be dismissed.

ajay sethi (Expert) 27 July 2011
no the case will not be dismissed

ajay sethi (Expert) 27 July 2011
section 146 of the NI act provides that once complainant produces bank slip or memo having official mark that cheque is dishonoured the court will presume dishonour of the cheque unless and until such fact is disproved

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