• Defence against Cheque Bounce Case

I had taken some material from a dealer in March 2013 and given a PDC of Rs.94500 dated 4 April 2013, it got bounced, and then that party approached us for payment, we given then Rs.20000 in cash, and a security cheque of Rs.91000 dated 24 may with interest and some charges as mutually discussed at that time. in the mean time we started to pay him some amount in cash, and again he sent our cheque in bank for clearing, it was again bounced. then we paid him Rs.50000, Rs.10000, Rs.8000 etc. almost him amount was paid. now in Dec 13, he sent us a notice from court for cheque bounce. we didnt replied on that notice, now in may'14, he sent us a Summon for settlement of dues in court of Rs.1,05,000. it is his dirty intentions to collect more amount amount from us... we dont have proofs for payment as we paid him in cash, Please suggest how to defend
Asked 3 years ago in Civil Law from Delhi, Delhi
1)always make payment by cheque . 

2) if you have made cash payments take acknowledgement of payment made . 

3) in your case did you make payment in front of any witness es

4) evidence of said witnesses would be necessary to show that payment was made . 

5) the mistake you mad e was you did not even bother to reply to legal notice . 

6) you have no other option but to contest case on  merits
Ajay Sethi
Advocate, Mumbai
29681 Answers
1615 Consultations

5.0 on 5.0

you can use audio conversation recording in support of your claim that full payment ahs been made
Ajay Sethi
Advocate, Mumbai
29681 Answers
1615 Consultations

5.0 on 5.0

1. You have made a blunder in not replying the legal notice sent by him,

2. You have no other way not other than contesting the case,

3. Find out reasons/grounds in support of your not paying,

4. Audio recording is an acceptable evidence in this regard,

5. Engage a local lawyer for the purpose.
Krishna Kishore Ganguly
Advocate, Kolkata
14155 Answers
316 Consultations

5.0 on 5.0

1. Not replying to the legal notice was a blunder that would prove costly in the court. Another blunder was paying the amount without obtaining any acknowledgment thereof. 

2. The only option now is to contest the case on merits.

3. A recorded conversation can be used as evidence in a court of law.
Ashish Davessar
Advocate, Jaipur
20072 Answers
530 Consultations

5.0 on 5.0

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