relevancy of question in cross examination
munnish
(Querist) 02 September 2015
This query is : Resolved
sir durning cross examination of complainant in 138 n.i act case, i put a question to complainant and magistrate didnt allow me to ask the question as it was a irrelevant question. i asked my question to be write on file. magistrate wrote my question and in reply to my question magistrate wrote question irrelevant but i know question is relevant and whole case defends on that question. and also complainant statement closed. what should i do legally.
seshadri dubey
(Expert) 03 September 2015
Sir,
I will suggest to ask the question in a different way, applying some tricks, because as you are an advocate you will also have to apply some magnificient tricks beside legal arena, and in such a manner when the person sitting on the chair also will not get a trace when you have already played the card, I think only this will help.
any how lets see what other learned experts suggest.
Dr J C Vashista
(Expert) 03 September 2015
What was the question and what was its relevancey to the complaint qua dishounered cheque.
Guest
(Expert) 03 September 2015
Your query seems to be quite irrelevant without proper description/ background of the case.
I hope, being an advocate, you can well understand that relevance of any question is always with specific reference to the context of the case. Contrarily, you have neither stated, what was your question, in what context you put that, and how the case could be defended with reference to reply to that question, if you think that your question was relevant and the magistrate disallowed you.
I wonder, in the absence of any background, reference or question, on what basis you expected reply on asking, "what should i do legally."
Rajendra K Goyal
(Expert) 03 September 2015
You can go for appeal to allow you to put question / questions to the witness.
munnish
(Querist) 03 September 2015
sir my question was from which source complainant get money and give loan to accused under 138 n.i act. complainant replied he gets money from his wife account of abc bank. i said can you produce the account statement of ur wife account. court said question is irrelevant.
Guest
(Expert) 03 September 2015
The question, of course was irrelevant, as you were not concerned with the source of recipt for disbursement of loan, but should have been restricted only to proof-based rebuttal of the charge, if the loan was actually not disbursed to your client. The question was also not relevant to any extent for defence of your client.
However, if you had substantial information about black money out of which your client would have been paid as loan, your client would have been free to approach the IT department for investigation, but the source of money had nothing to do with the disbursal of loan, so far as the NI Act is concerned.
munnish
(Querist) 03 September 2015
thanxs alot sir
Guest
(Expert) 03 September 2015
You are welcome.
SAINATH DEVALLA
(Expert) 03 September 2015
The inputs U have given is insufficient,particularly in a case relating to NI ACT,wherein only technical aspects are involved. Everything revolves around section 138,139 and 142.
At the outset has UR client agreed that he had issued the cheque?
Though the complainant has to establish from which source he has lent that amount,most of the judges don't give important to that aspect.
munnish
(Querist) 03 September 2015
sir my defence in that case is from what source complainant lend money to accused and is it legally enforcebly debt..however complainant produce his ITR which shows he didnt have capacity to lend a huge amount of RS 45000p.
munnish
(Querist) 03 September 2015
sir my defence in that case is from what source complainant lend money to accused and is it legally enforcebly debt..however complainant produce his ITR which shows he didnt have capacity to lend a huge amount of RS 45000p. pls give me judgements of acquittal in repect of capacity for lending money
munnish
(Querist) 03 September 2015
sir my defence in that case is from what source complainant lend money to accused and is it legally enforcebly debt..however complainant produce his ITR which shows he didnt have capacity to lend a huge amount of RS 45000p. pls give me judgements of acquittal in repect of capacity for lending money and also my client agreed for giving cheque as a security cheque
munnish
(Querist) 03 September 2015
sir my defence in that case is from what source complainant lend money to accused and is it legally enforcebly debt..however complainant produce his ITR which shows he didnt have capacity to lend a huge amount of RS 45000p. pls give me judgements of acquittal in repect of capacity for lending money and also my client agreed for giving cheque as a security cheque
Guest
(Expert) 03 September 2015
What does this Rs.45000p denotes?
munnish
(Querist) 03 September 2015
RS 450000 cheque amount
munnish
(Querist) 03 September 2015
sorry its 45 lacs cheque amount
SAINATH DEVALLA
(Expert) 04 September 2015
45,00,000 is not a small amount which can be lent blindly.The source from where the complainant has that amount has to established.U said his ITR shows he does not have the capacity,but is that amount mentioned in his ITR?
What for UR client has agreed that it was a security cheque?
The complainant has to prove that he gets the money from his wife's account.He has to produce the bank statements of both the accounts.
U should have insisted on it.
munnish
(Querist) 04 September 2015
complainant didnt show from where he lend such huge amount in ITR amount was not mentioned.my client agreed for giving cheque in lieu of payment of land as security whose mutation was not entered due to some isssue in land. court didnt agree with my question to produce the accounts statement as said it was irrelevant.
Guest
(Expert) 04 September 2015
Mr. Munnish,
I don't think yours is a real problem or else, you may be hiding some material facts of the case. Rather, your present information of 45 lakhs that too by cheque creates an element of doubt in my mind whether you are really a lawyer or not and as if you are seeking some solution to your academic query, as a law student!
The question arises, irrespective of the source of income, whether the cheque amount was realised or not by your client, as the amount of Rs. 45 Lakhs is not a petty amount to be claimed in cash from the drawer's bank. You have not made clear that issue, which is quite vital.
SAINATH DEVALLA
(Expert) 04 September 2015
Rightly pointed out by Dhingraji.
