Quere regarding giving payment in cash and receiving by cheq
chandranil S Belvlakar
(Querist) 30 March 2010
This query is : Resolved
Dear Experts,
Suppose Mr. X has given Rs. 30000 in cash to his Friend and now the friend is not in position to return money so his relative ie father makes the payment to Mr. X in part payments say Rs 5000 each time by making cheque payment.
here mr.X has paid in cash but has received money by cheque from father of his friend
so now can there be situation that father of friend of Mr.X may again demand money by saying that me has made payment
Can there be legal complications
and what is the right way to accept money
please adivse
Kiran Kumar
(Expert) 30 March 2010
get the whole transaction done in written.
if his father seeks back the money then certainly he will also have to prove why he paid the money.
better would be let there be a written transactions and get some witness too to the said transactions.
chandranil S Belvlakar
(Querist) 30 March 2010
thankyou sir
but now the situation is that already the transcation is done ie money is paid in cash and Mr. X is receiving cheque and now if we ask for written paper work the situation may go worse and it may happen that friends father may not make payment so its not possible to go for writing right now
if they want to cheat mr. X will it be possible for them after making all the payment by cheuqe
niranjan
(Expert) 30 March 2010
Every time when you receive the cheque against your dues of Rs.30,000 pass the receiptwriting that against debt of Rs.30,00 this amount is received by cheque and now this much amount remain as debt.
chandranil S Belvlakar
(Querist) 30 March 2010
dear sir but till now some cheques are taken without receipt and now it will not be possible to give receipt because that person may not agree so can he cheat Mr X for those cheques with out receipts
Raj Kumar Makkad
(Expert) 30 March 2010
You on your part can send a letter giving details of all receipts and can seek its acknowledgment for the purpose of proper accounting and he may do so.
mahendrakumar
(Expert) 31 March 2010
in the given circumstances, i agree with views of Mr.Raj kumar.
chandranil S Belvlakar
(Querist) 31 March 2010
dear experts,
I want to know is if the no acknowlegdement is taken then in that case is it possible that the other person take legal action as Mr.X has made payment in cash and received by cheque in other words can that other person say ingnoring payment in cash that I have paid u money as the entry is in bank pass book and now you are liable to pay me back
mahendrakumar
(Expert) 31 March 2010
could you elaborate your case in detail?
is yours a real life situation or a hypothical?
chandranil S Belvlakar
(Querist) 31 March 2010
sir its just case,
suppose I give money to my friend in cash in trust and now he is not able to return my money back so his father pays me the money but by cheque, here now my fear is that I have paid to them in cash but while returning his father has paid by cheque now tomo can it happen so that his father will say that I have paid u money see the cheque entry return my money back or I will file legal suit and Iwill have no words to say as I have paid in cash
can such thing happen
