A valid debt is presumed when a case is filed u/ s 138. Law is pretty clear on that otherwise a cheque will have no sanctity. It is a rebuttable assumption . The onus is on the drawer that the cheque was not for consideration and was under fraud, coercion etc. Stop payment instructions to the bank do not absolve anyone from liability. The law is pretty clear on that too.
Undated cheque - or a cheque with no amount filled up later could be a way out , however the onus of proof is still on the Drawer. A prima facie case holds and court will look at all this only at evidence stage.
Undated cheque - or a cheque with no amount filled up later could be a way out , however the onus of proof is still on the Drawer. A prima facie case holds and court will look at all this only at evidence stage.