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138 ni act

(Querist) 19 December 2011 This query is : Resolved 
Can anyone give a latest solid defence citation at appealate authority for cas under 138 ni act

V R SHROFF (Expert) 19 December 2011
Thee are many citations :
If you specify on what type of defense, you want citations, e.g.
1] Notice: What Lacuna
2] Notice Service 7 Receipt of
3] Liability
4] Hand writing on body & date, amt of chq
5] Chq given for security
6] Chq outdated
7] Debt out of Limitation Period
8] Complainant had no capacity to pay.
9] Material not recd 4 chq issued.
etc etc etc: You specify, what Legal Point you have: Give your FACTS, We can recommend Citations to use.
jeevan1950 (Expert) 19 December 2011
Kindly send some details atleast OR else difficult to give any citation mathcing ur case

Poonam Garg (Querist) 19 December 2011
Respected Mr. Shroff,
The case is at an appeal stage with the session judge, the party at lower court in his evidence had accepted that he has filed income returns but has refused to submitt the returns to the court and have also not submitted till date - under which section we can file an application to the session judge for calling the income tax returns with a solid and latest citation that the court is bound to tell the party to submitt the confessed/agreed income tax returns. Sir please treat this as very very urgent.
Shonee Kapoor (Expert) 20 December 2011
I doubt it can be done at appellete stage. If you wanted you could have called the records using CrPC 91 in trial court itself.


Shonee Kapoor
ashutosh mishra (Expert) 20 December 2011
Indeed there is no such judgement and there is very bleak possibility now to summon records now which could have been quite easier at trail stage.
DEFENSE ADVOCATE.-firmaction@g (Expert) 20 December 2011
You must go through the notice, complaint, evidence affidavit and cross very minutely and find technical mistakes which will be many. Many of them has been mentioned above by Mr Shroff.There will be many more.

Income tax point is very minor and it will not carry much weight unless you can show that the holder of cheque did not have any financial capability.
R Trivedi (Expert) 17 January 2012
What is the truth !! The point is if you have to give the money to him, then you must give. If there is any dispute you should highlight that. No counsel worth his salt is going to defend a blatant cheat in such matters.

The problem could be:

1. Dispute
2. Inability to give money due to sever financial hardship.
3. Malafide Intention.

3rd one is indefnsible.
V R SHROFF (Expert) 17 January 2012
u rnot providing details of ur defence GROUNDS FOR APPEAL.
Usally one has to point out the fault of lower court, and not to produce new documents, Yes, if u demanded, and lower court did not allow it, it can be a gr for remand, but here w re talking in dark+ no doc

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