Wednesday 16 March 2016

CHEQUE BOUNCE CASE: ACCUSED ACQUITTED DUE TO COMPLAINANT FAILED TO ESTABLISH PROOF OF INCOME.






As you aware, Most of the people are lending loan without following rules and regulation which is prescribed under the law. And Creditors are getting blank security cheque and promissory note without mentioning a single word deliberately.  In such being, cheque or promissory note are getting fraud, fabrication, material alteration by inserting wrong entry against original fact when a debtor fail to make payment as per the commitment.  As such, the Hon’ble Supreme Court has made it clear that no person can obtain judgment against the debtor towards the dishonour of cheque unless established the proof of income which means that the complainant need to provide the origin of income and submit income tax return for the verification of proof of income.  Otherwise, the complainant can’t recover the loan legally even though obtain cheque or promissory note.  

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