Promissory note .Sec.118 NI.ACT
kamalakar
(Querist) 19 October 2009
This query is : Resolved
Dear Friends, This is a case oF Fraud played by the Person. A person named R has obtained a Pronote, Stamped 100/- paper, and a cheque(blank signed) and two white papers one signed by wiFe and another by the husband and with malaFide intention he prepared the above documents and cheq For /Rs.10lacs. he Filed a criminal aswell as civil cases and succeeded in criminal case upto high court level.The HC stopped enquiring the matter pending disposal oF the civil case.The criminal case 2 years conviction was given to the accused.
Now, in the civil case the points For the accused (deFendant) are---1.The scribe oF the pronote is willing to give his evidence against the plaintiFF stating that the note when scribed was given to him was in BLANK and there are no attestors at the time and he wants even to say that the note and the cheq were prepared by the complainant or plaintiF with malaFide intention.
This piece oF evidence could not be given when the criminal proceedings are going on due to some unavoidable circumstances as the case was transFerred From one court to another 3 times. Will this evidence is good enough to win the present Civil case.
Are there any VALUABLE case laws in the matter about the evidence oF the SCRIBE.
adv. rajeev ( rajoo )
(Expert) 19 October 2009
In a civil case whether plaintif evidence is lead or not, if plaintiff wants to lead the scriobe evidence he can say it volunatrily before the court when he comes in the wittness box. It will be the helpful evidence for you, even in the high court u produce it in ending criminal appeal.
If the plaintiff failed to lead the evidence of the scribe then you lead his evidence.
Adinath@Avinash Patil
(Expert) 19 October 2009
SRIBE IS IMPORTANT WITNESS IN CIVIL COURT,IT IS DUTY OF PLAINTIFF TO HIS PROMISSARY NOTE BY EXAMINING SCRIBE,IF HE FAILD TO EXAMINIG SCRIBE YOU CAN EXAMINE SCRIBE AS YOUR WITTNESS. IT WILL HELP YOU IF YOU PROVE THAT PRONOTE IS BLANK AND PLAINTIFF HAVE WRITTEN ALL MATTER ON PRONOTE.
Kiran Kumar
(Expert) 19 October 2009
dear friend, in your case no doubt the scribe is an improtant witness and his testimony regarding actual facts will certainly help you.
its a matter of common sense or ordinary prudence rather, you need not to quote any specific judgment, the court will appreciate the evidence.
summon the scribe in your civil case it will help, the criminal court findings are not binding upon civi court but the vice versa is not true.
PJANARDHANA REDDY
(Expert) 19 October 2009
SCRIBE EVIDENCE ITSELF SAYS THE DEBT IS NOT LEGALLY ENFORCEABLE ONE,HENCE YOUR CIVIL CASE AND H.C CRIMINAL WILL BE EASILY WON. ANY HOW FOR THE CITATION WE WILL POST U SOON
Sachin Bhatia
(Expert) 19 October 2009
Scribe is an improtant evidence in your case. It will be very helpful.
kamalakar
(Querist) 20 October 2009
I acknowledge great thanks to all my friends who contributed their valuable time sparing very interestingly to me and my problem. The situation is complex to me as the time is going on. Any how, I thank you once again individually and try convey by personal email to all of you if possible.
kamalakar
(Querist) 20 October 2009
ONE MORE THING I HAVE NOT MENTIONED IN THE ABOVE CASE: ACTUALLY, the scribe was called by the Complainant in the criminal case but was not examined with a fear that the truth may come from his mouth.He examined two attestors, who gave evidence favouring his complaint.
Kiran Kumar
(Expert) 20 October 2009
then how you have been convicted in the criminal case?
can u pls mention the findings of the court, and if possible the kind of evidence adduced against you.
Raj Kumar Makkad
(Expert) 20 October 2009
Now you have changed your quarry which requires the findings of the court and appreciation of evidence, brought on file. Provide that information so that suitable reply may be provided.
kamalakar
(Querist) 20 October 2009
Here are MORE DETAILS:
The complainant 1st gave notice in the month june 2003 after dishonour of cheq in May 2003 at his Bank in Hyderabad. The actual transaction taken place at Rajahmundry. Criminal case at Hyd in 2003 and Civil case at Rajahmundry in 2004.The undermentioned papers are filed by the complainant in support of his claim::
2)Promissory note dtd.3.12.2001 prepared for 10lakhs by my wife(which was signed blank)
3)A stamped 100/-stamp paper purchsed in october 2001,signed by me and my wife, typed without naming the person which it was addressed says that we have jointly borrowed Rs.10lacs (appears like acknowl)of debt and dtd as above and attested by the same persons in TELUGU language.
4) cheque it is also signed in blank by my wife filled by another person, ICICI rajahmundry bank branch cheque dtd as25.5.2003 for 10lacs and dishonoured inttimation of SBI AT HYD.
5) complainant alleges that Both of us have borrowed amount during the period Jan 2001 to 3.12.2001 for the purpose of building construction and for the marriage of our daughter. and gave the cheq.
6) Our defence is...we have borrowed money from a Bank, and we got voluntaryretirement funds to perform the marriage.
6.1)some cheqs and Promissory notes-Stamped paper and some other white papers(2) were signed in blank and were given to the company for obtaining a loan from Ashokleyland finance co. towards a vehicle loan at Kakinada who gave a loan for purchase of tvs suzuki they were made over and misused by the complainant.
6.2 In our evidence we have a letter acknowledged by the complainant and scribe who went to collect the vehicle, but the vehicle could not be delivered because they need 15 to 20 cheqs.
6.3 I have given a notice to the complainant to return the cheques to me by certi. posting and also the Bank account was also stopped with no further balance in the account between 2001 to 2004 in which period the chq in question was said to have dishonoured. The chques prior to this and after the present chq were honoured in the month of october 2001 itself. All these of no use at my evidence level or at arguments.The court at lower level have not permitted me to adduce the evicence stating that I am procastinating the matter.Actually my case was transfered from one court to several other courts as per their off -icial convenience.Meanwhile for medical purpose I had been to US ALL added that I am procastinating the case. I have even challenged the decision of lower court in Hich court. Even then no use. THIS IS A LONG DRWAN BATTLE but now coming to an end. The High court asked towait till the lower civil court judgement comesand accordingly posted to Nov.2009. Now I have the opportunity here to adduce the evidence of Scribe and other materials. Just to have EXPERTS OPINION IN THIS CLUB I shared my worries with all of you. THANK YOU ALL ONCE AGAIN the interest to help me to get rid of the undue pressure.I thank LAWERS CLUB ALSO IN THIS MATTER.
