Legal Question in Credit and Debt Law in India
Negotiableinstruments act
Dear sir
We received a cheque for Rs.14 lakhs against the supply of material. The customer requested that he will transfer the funds and not to present the cheques. But once he failed to transfer the funds we presented the cheque and got dishonored. We informed to him about the ' presentation of cheque ' b way of mail & fax message also. It is an outstation cheque. Subsequentely when we enquired about the cheque , he informed that the cheque not yet come to his bank and he wanted the details. We submitted. Now he is trying to take shelter under the clause that ' the cheque was issued as security only and it shall not b presented' . It is clear that the cheque was issued against the ' material supplies & debt is established '. He hs issued the cheque for 14 lakhs lumpsum amount and the total amount due was Rs.14.72 lakhs. He is also arguing that the account not yet finalised. Bu we have all the documentary proof about the debt. Can we produce the ' E mail correspondance ' as part of evidence ' at the time of hearing?
3 Answers from Attorneys
Re: Negotiableinstruments act
yes you do, the e correspondence is admissable as an evidence.
Re: Negotiableinstruments act
Yes, e-mail communications may be admissible.
Re: Negotiableinstruments act
Yes E-mail is a document as evidence act but you should prove that Email comes from his mail address and the mail is under the control of him.
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