Recovery of Money only on basis of Bank Transaction
Can anybody recover money of from you merely on the basis of bank transaction is it possible?
the money cannot be recovered if there is a cash transactions with no written instruments in between the parties in Hindi we call it ni likhit padat.
But what is the situation in case there is a bank transactions and money is actually was transferred by way of cheque or by NEFT transactions, can recovery is possible in this scenario. Many people come and overwhelmingly tell that the money they have transferred was by cheque or NEFT and their case is strong for the recovery of money. The answer is clear no.
In view of Section 34 of Indian Evidence Act, 1872, a mere entry in the statement of account is not sufficient to fasten any liability and the entries in the statement of account have to be proved by means of the documents/vouchers of the transaction.
Therefore as per the High court decision on bank transaction, mere transaction cannot help to fasten liability.
Advocate Nitish Banka