Legal Question in Criminal Law in India

i bounced a cheque. the lender filed case against me u/s 138 inspite of the payment made by me within the notice period. I have a bit of paper which was signed by the grand son of the lender as the payment made. The grand son only known to us, and it is mentioned in the notice that the lender knew us only through the grand son.As we made the entire payment to the grandson and obtained his signature in a small bit of paper writing the content of payment made towards the borrrowing, can it be accepted by the court as an evidence of payment. Kindly suggest me.

Thnx


Asked on 5/29/11, 9:18 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Law require payment of amount of cheque to the payee within the notice period.

Payment to grandson of the payee may not be helpful, if payee refuses to accept that grandson was authorised by him to receive payment.

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Answered on 5/29/11, 9:42 pm


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