LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

VENU MADHURA (PARTNER)     24 November 2012

Cash receipt through email

I had taken Rs 1lakh as a hand loan in cash, after few months I repayed the said loan  in cash, he is a local financier. I asked him to give me back the promissory note and cheque, he falsely told me that he lost my promissory note and cheque, and instead sent me a cash receipt through Email stating that he has received the money in full and that it is settled.

1)The cash receipt has been sent from his mail id

2) There is no signature of his

3) Cash receipt is prepared in MS WORD

But to my surprise he sent me a legal notice stating that he has deposited the cheque and that it has been bounced and has demanded me to pay with interest. what shoud i do??, please advice is this cash receipt sent through email is good for contesting the case.



Learning

 15 Replies

adv. rajeev ( rajoo ) (practicing advocate)     24 November 2012

Contest the case.  You can use the receipt as your defense.

Nitish Banka (lawyer)     24 November 2012

You can use it as documentry evidence...But they must bear digital signature

Nitish Banka (lawyer)     24 November 2012

Secondly has the amount debited from your account??

VENU MADHURA (PARTNER)     24 November 2012

Whole transaction is that I Received in cash and I paid him in cash, 

Nitish Banka (lawyer)     24 November 2012

You should have taken back the cheque...while paying the cash....anywayz reciept can be used as evidence but it is very weak one...what was the date on cheque and when was it deposited??what was the exact reason of the cheque bounce??

VENU MADHURA (PARTNER)     24 November 2012

what was the date on cheque : dated 5/11/2012 written by him not me

when was it deposited ; twice presented on 6th and 10 Nov 2012

what was the exact reason of the cheque bounce?? : Insufficient funds

surjit singh (Assistant)     24 November 2012

First of all reply to his legal notice, stating the fact that after the payment by you in cash he has sent you the receipt as he promises on your Email ID, after that he should have returned the blank cheque which he has not done and as such he is liable for offence of  cheating.

VENU MADHURA (PARTNER)     24 November 2012

First of all let me know, whether can i receive money in cash or pay in cash more than 20,000

surjit singh (Assistant)     24 November 2012

The answer is yes, there is no bar under law..

VENU MADHURA (PARTNER)     24 November 2012

is it ok to receive/ pay cash more trhan Rs 20000/-

VENU MADHURA (PARTNER)     25 November 2012

But sir, one of my friend who is a CA says, as per income tax act nobody is supposed to receive or pay in cash more than Rs 20,000, if so then it is obviously illegal as per law also.

Sudhir Kumar, Advocate (Advocate)     25 November 2012

CA may be right.  But this does not mean that transaction never existed.

VENU MADHURA (PARTNER)     26 November 2012

sir can u please tell me that " if a person tells in the court that i have not received Rs 1lakh in cash or cheque" then how to defend the case though I have only the cash receipt that he sent by email

surjit singh (Assistant)     26 November 2012

The receipt which  you got through Email will be your curcumstancial evidence.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register