Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

R Shah (Software Engineer)     11 February 2013

Psu bank manager's lie on oath

Three separate cheques were given to me and my family when we sold business. They bounced.  The accused tampered India's largest PSU Bank records in conjunction with their manager (destroyed partnership deed, account opening form & replaced them with new ones). One of the accused replaced his pic with his dad's pic and hence proved that he was not the signatory. Also they produced a fake stop payment letter dated 7 October 2000 in my wife's 138 case that went against her. We were outside India and my mother was fighting my case on Power of Attorney. Accused also gave statement that stop payment for 3 cheques was issued on 7 October 2010. When we returned we got the documents and were able to find the wrongdoings because on 7th October 2010, the cheque was not even issued and they were issued after 26th October 2010. This matter 355/01 is now pending in Gujarat High Court.

Now for the second cheque issued in my name, my case has reached evidence stage and now a new Branch Manager produces a different Stop Payment letter dated 7  November 2001 for the same set of cheques. He even confesses that the earlier Stop Payment letter of 7 October 2000 is not in bank records. Also stop payment register has entry of 6 November 2000 which is one day before getting stop payment request. The same accused has now stated on oath on 7 Nov 2000 letter.

Can I file complaint against the accused and bank as a whole for wrong testimony on oath for the set of cheques for two separate court matters?



Learning

 8 Replies

R Shah (Software Engineer)     01 March 2013

I would appreciate if some expert can respond here.

Rahul Kapoor (Legal Enthusiast)     02 March 2013

hello,

please check the dates( esp year) which you have mentioned.

 

 

regards-

rahul.gogreen@gmail.com 

Sudhir Kumar, Advocate (Advocate)     02 March 2013

has the false deponent been cross-examined by your lawyer.

R Shah (Software Engineer)     02 March 2013

Sorry..please read the year as 2000.

R Shah (Software Engineer)     02 March 2013

Sorry..please read the year as 2000 for all dates.

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     02 March 2013

This is very minor issue since as per recent SC ruling even stop payment bounce of cheques also attracts NI 138.

 

To win the case there are other many issues which should be contested at trial stage.

Rahul Kapoor (Legal Enthusiast)     02 March 2013

hello,

if there is willfull ommisssion and statement was made intentionally to cause miscarriage of justice then you can file an application for perjury. 

 

 

regards-

rahul.gogreen@gmail.com

Sudhir Kumar, Advocate (Advocate)     02 March 2013

I repeat

 

has the false deponent been cross-examined by your lawyer.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register