Calling a witness u/s 311-crpc in cheque bounce case
(Querist) 05 November 2020
This query is : Resolved
Dear Respected Experts, Case History in Brief: Anitha given a CheQue to house owner Kannan for house rental advance. The cheque was Anitha’s mother bank account. House owner Kannan withdrew the amount. After two years Anitha vacated Kanan’s house. Kannan told Anitha that he given the Amount to his Brother Krishnan because both Kannan & Krishnan partitioned their property. Now the property belongs to Krishnan. Krishnan also ensured Anitha that he will give the amount in 3 month’s time. After 3 months Krishnan given a Cheque to Anitha. When Anitha deposited Krishnan’s cheque, it bounced back due to “insufficient fund”. Now the petitioner is Anitha. Anitha filed a Complaint u/s Negotiable Instrument Act 138 for Cheque bounce Case.
My Question: 1. Can Complainant-Anitha call Kannan as witness u/s 311 CrPc in cheque bounce case? 2. Can Complainant-Anitha Call her mother as witness u/s 311 CrPc to prove that her mother given the Cheque to her daughter Anitha for rental Advance?
(Expert) 05 November 2020
Insufficient information.The date and details of the cheque and other details of date of bouncing,legal notice etc. not given. Neverthless you can adduce evidences to prove your case in court.
You can examine any person who can support your complaint. You can file a list of witnesses at the time of filing of the case or furnish a list of witnesses at the time of evidence. Your mother will support your case however I doubt Kannan will support your case.