A friend of my client has given loan of Rs. 4.5 lacs to my client,After lapse of 3 years that person collected cheques from him(my client) and entered an amount of Rs.40.00lacs,the same was presented to Bank, the cheques were bounced due to insufficient Balance.Now that fellow has served notice u/s 138 of N I act,asking to pay the amount.
My question is that whether a false amount can be collected from my client?Is there any provision by which Court can ask the loanee to prove when,why and how he has paid such a huge amount.Whether 269 ss of Income Tax act,be taken into account,wherein Rs.20000/-and more should be given in shape of instrument (loan).
Kindly confirm what will be the remedy for such a situation.