Ni act 138 chq bounce as for insufficient fund
abhishek baj
(Querist) 14 June 2013
This query is : Resolved
hi,
well I did chq bunce case for two cheques as I sold goods ,the accused tell sthat he gvave chq for security deposit and he didn't got any notice and and he also closed the defnce for the both cases and my cross for both chq has done ,but wedidnt got any chance to cross the accused ,and now my both casesarefor final hearing ,so wht it means and wht should we do now or is ther any ruling to strength my cases or wht can v think that willhappen nowin my cases,pls reply early as my date is of 16 june 2013
adv. rajeev ( rajoo )
(Expert) 14 June 2013
Whether accused has lead his evidence or not? If he has lead his evidence and you have not cross examined, then you file an application to recall the accused for cross examination.
abhishek baj
(Querist) 14 June 2013
but is this good to file application to cross the accused as judge alreay told for final hearing
Rajendra K Goyal
(Expert) 14 June 2013
move the application, if judge does not allow, file appeal.
Advocate Deepak Gupta
(Expert) 14 June 2013
If accused said in his accused statement , you have no right to cross accused on his accused statement nothing to worry , mere denied is not sufficient , it must be rebuttal with evidences . Is accused recorded his statement u/s 315 of the Cr.P.C.
abhishek baj
(Querist) 14 June 2013
Accused closed his deffence for both cases nor presenting any evidence just he denied adminssion and told chq given for secirity and notice not received
ajay sethi
(Expert) 14 June 2013
so accused has not led any evidence . so no question for cross examination . you must have produced proof of receipt of notice . in addition you must have produced documents to show that goods received by accused .
Nadeem Qureshi
(Expert) 14 June 2013
Dear Abhisek
as per your information that matter is fixed for final hearing then no need to worry complete your final argument and on the same day or any other day as court may think fit, the court pronounce final judgement in your case.
Feel Free to call
