138 cases

Alex Thannippilly (Querist) 08 November 2020 This query is : Resolved
sir
accused borrowed an amount of Rs 1 lakh from the complainant as introduced by PW3 Complainant's witness.But the complainant filled the cheque for Rs 5 lakh and on dishonour of cheque filed case against accused for 5 lakhs, and complainant and PW3 gave evidence in support of that But the audio conversation record between the accused and PW3 produced and marked by the accused before the court shows that PW3 admit that only 1 lakh was given to the accused.What will be result?

Follow Query

Report Abuse

Quick Summary

In a case involving a dishonoured cheque, the accused borrowed Rs 1 lakh but the complainant issued a cheque for Rs 5 lakh. Crucially, audio evidence suggests the complainant's witness admitted only Rs 1 lakh was lent. The outcome hinges on whether this audio evidence is properly proven and accepted by the court. If the court finds the cheque amount significantly exceeds the actual loan, the complaint might be dismissed.

Isaac Gabriel (Expert) 08 November 2020
The trial court's finding based on recorded evidences shall be taken into cognizance that the amount mentioned in the cheque is the issue.

Rajendra K Goyal (Expert) 08 November 2020
Repeated query:

https://www.lawyersclubindia.com/experts/138-cases-724056.asp

Hemant Agarwal (Expert) 08 November 2020
1. Evidence (recording) has to be properly proved and accepted by Complainant and Court. Mere production of such evidence is not classified as PROVED.

2. Anyways, the offence of Accused party is proved for punishment purposes.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Advocate Bhartesh goyal (Expert) 08 November 2020
If it is proved that cheque amount is more than loan amount,complaint may be rejected.

Message likes : 1 times

Dr J C Vashista (Expert) 09 November 2020
Repitition of same story is ridiculous and absurd.

P. Venu (Expert) 09 November 2020
Are you the complainant or the accused? Is the trial completed.?

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries