Cheque promissory notes acknowledgement on letterhead

You may reply to the notice bringing facts on record esp. that the cheque was given as security/surety and not in discharge of any legally enforceable debt. 

Complicated facts.

It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

Hi Sir!

 

I already gave a legal notice to Mr. X to return my Cheques & Notes which are in his custody that are Only given as a Surety for receiving his Retirement Amount of 20 Lakhs BUT he failed to return them even after receiving his Amount. Than Mr.X issued Reply notice through his advocate that he Doesn't have them at all But Agreed that he received 20 Lakhs Amount & immediately made one of my Cheque bounced through Mr.Y & that person also issued legal notice to me saying that I am liable to him by 18 lakhs & to clear the amount within 15 days. To Mr. Y also we issued Reply notice & mentioned how can U bounce my cheque when I gave them to Mr X Only as a Surety for his 20 Lakhs & Mr. X gave Acknowledgement for the same. Things were standing at this situation at Present.

My Only Concern is will the Acknowledgement of Mr.X on Letterhead stands as a Solid Proof for me to get out of this Mess? Though My Advocate said it is Ok But I am very much concerned about it because its not acknowledged on a Stamp Paper. Please enlighten me regarding this. Thank You!

does the acknowledgement contain the factum of receiving the cheques by Mr x . if no then you gona in big trouble. you need to prove that the cheque was indeed given to x and not y ... the denial by x having not received any cheques ..will only increase your burden ... you should have referred to the cheques and promissory notes in the receipt itself *** my intelligence says your remedy is only to grill x and y in the witness box ... no other remedy

Hi Sir!

 

Yes in the Acknowledgement it was Clearly mentioned the below things

1) Mr.X has received my Cheques & Promissory Notes.

2) Cheque Numbers are mentioned

3) The Purpose for why Mr. X received them

4) Date of Receiving them

5) To Return them once Mr.X purpose is fulfilled. (i.e., After Mr. X receiving his Retirement benefit of 20 Lakhs)

 

So, will this stand as a Solid Proof to save me if its acknowledged only on Firm Letterhead instead of a Stamp paper? Thank You Sir!

It is good that you have already brought facts on record in writing. Anyhow, you may reply to the statutory notice on the same line, avoiding any contradiction or inconsistency.

To my understanding, your advocate's opinion is quite professional. Proceedings under NI 138 is criminal in nature and the onus vests upon the complainant to prove his allegation beyond reasonable doubt. If you enter into defence, the standard of proof is only that of preponderance of probability.

In a criminal proceeding, it is of no consequence if the documents are not properly stamped.

 

Hi Sir!

 

Do you mean to say that My Evidence is Not Enough to save me from this issue? Thank You!

I am afraid you are missing the point. My suggestion has been that it is almost impossible for the complainant to prove his case. And it is very easy for for you to defend.

As already stated, cheque-bounce is a criminal proceedings. In a criminal proceeding, the accused person need not give any evidence at all. It is for the complainant prove his case. Given the facts of this case, evidence proving your innocence could be adduced by cross examining the complainant. This could be further supplemented during questioning by the Court under the provisions of Section 313 CrPC.

If required you can also present your evidence. 

 

Thank You So Much Sir. You gave me Very Quite Useful information. 🙂