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Complaint in cheque case.

(Querist) 26 August 2012 This query is : Resolved 
A complaint has been filed in a cheque bounce case. There is normal narration in the complaint.

1) However in the list of witnesses the complaint has not stated the 1) cheque 3) bounce memo 3) notice 4) postal notice receipt are the witnesses in support of complaint.

2) There is list of documents with above documents but complaint even does not state that as per attached list all the documents will be witnesses in support of complaint.

3) In the evidence affidavit there is mention of these documents with request for exhibition of the same.

4) Still there is no mention that they may be read in support of the complaint.

5) The complainant also failed to mention the original postal receipt for sending statutory notice with its no and date either in document list or in evidence affidavit.

How and what lapses the accused can take benefit.
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 .
YOGESHWAR. (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.


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