Legal Question in Criminal Law in India

Is receipt in writing mandatory or note to prove cash payment

a person taking loan from Non banking fincance company throuth a/c payee cheque and issuing his a/c payees cheques to dishcarge the loan, but some of them dishonoured and two cases u/s 138 NI act were lodged against him, he appeared in cross examinatin and takes a plea that he paid cheques in cash in front of two persons but without taking receipt or cheques back in good faith. Whether any borrower at any time can put two persons in court to witness cash payment even if there is no receipt at all. What is the law as far as receipt is concerned whether it is mandatory to take receipt in evidence of cash payment or not? on the other side, if a borrower pays in cash and he is not giver receipt while making cash payment what remedy he has in law. What is mode of proof of cash payment?


Asked on 4/06/08, 8:11 am

4 Answers from Attorneys

Re: Is receipt in writing mandatory or note to prove cash payment

Receipt is the best mode to prove the transaction but if there is no receipt then transaction can be proved through witnesses.

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Answered on 4/06/08, 1:24 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Is receipt in writing mandatory or note to prove cash payment

Receipt is not mandatory.

There are several methods by which cash payment can be either proved or disproved.

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Answered on 4/07/08, 12:51 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Is receipt in writing mandatory or note to prove cash payment

Receipt is not mandatory but if receipt is there its a better proof in the court

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Answered on 4/09/08, 12:04 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Is receipt in writing mandatory or note to prove cash payment

Receipt is enough to prove the monetary transaction any type of deal.

Please contact personally alongwith the details.

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Answered on 4/07/08, 2:58 pm


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