N i act query
Kamlesh
(Querist) 26 July 2016
This query is : Resolved
Hi , all
I m from the accused side in a criminal case of NI act 138.
I am second counsel in the case whereas Evidence opporunity of accused i.e.. my client is close by the court and is not re-openable.
There is contradiction in the Cheque Amount ( i.e 4lac 40 thousand) and the amount recurrable which he has accepted in his recorded evidence of complainant ( i.e.. 2 lac 40 thousand).
Now what defend we can have or what best step we take in next proceeding.
Case is on final argument.
Kamlesh jha
9999332085
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 July 2016
Dear Mr Kamlesh your profile says that you have 22 plus exp so you should have lot of tricks in your bag.
And the cheque case is simplest to win, but in most of the cases accused loose .
It is not the complainant who wins the case but the accused looses due to lack of proper efforts.
What stage you have joined and what is the next date.
Advocate Bhartesh goyal
(Expert) 27 July 2016
Accused has to prove by cogent evidence that the cheque amount wasn't due and outstanding on the date cheque had been issued.
Rajendra K Goyal
(Expert) 27 July 2016
Full case file and orders of court regarding Evidence opportunity of accused need to be referred, discuss with senior lawyer.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 July 2016
Delhi courts are following Rajesh agrawal case which even lauded by SC in IBA case detailing procedure.
So your client might have made mistakes in recording plea and 313 statement.Still complainants as a rule make many mistakes.
Even at this stage you can apply for recalling the complainant for some specific questions. Pl show me the cross and I will tell what is left and hence relevant.
