V R SHROFF
(Expert) 26 August 2012
It seems now the stage is for cross examination of Complainant.
Though Complaint is considered, it is minor. Important Deciding factors in 138 cases : is Deposition of Witnesses, Documents proved at chief and cross examination of comp + accused+ witnesses, Arguments and supporting Citations. receipt of notice, Liability to pay, issue of cheque are fatal ingredients .
(Querist) 26 August 2012
1) The accused has denied all documents.
2) In cross other than the word of complainant there is no other proof about cheques, notice .
3) Forensic examination application is not allowed.
So at this stage how the complainant will prove, the cheque is from the account of the accused and it is signed by the accused.