cheque bounce case
pashi
(Querist) 21 November 2010
This query is : Resolved
Can an accused request the court to give a photoscanned copy of the cheque during the trial of the case.
Brief history:In the year 2000 the accused had given a post dt cheque to the complainant filling up the date , amount & name of the payee.The accused had made the payment of entire loan borrowed from the complainant & requestd him to return the chq.The complainant falsely informed that they are misplaced & soon after tracing them he would return.On trust the accused did not followup.Now, after a lapse of 6 yrs the complainant altered the yr from 2000 as 2006 and presented to the bank & the chq got bounced.
Now the case is at the stage of cross examination of the accused.
My question is ,Can an accused request the court to give a photo scanned copy of the disputed chq to know the authenticity if the date before sending it to FSL.
The accused is sure that the chq is materially altered & it is possible to prove the alteration thro the microscope. PLEASE ENLIGHTEN.
Devajyoti Barman
(Expert) 21 November 2010
The accused can always dispute the authenticity of the cheque but the appropriate time is at the time when the same was placed for marking exhibit.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 November 2010
If you are not an advocate you have really put a most intelligent problem which even may change entire direction of the trial.
Supposing that the accused is wrong still he has right to get scanned copies of not only cheque but all other documents such as complaint etc etc.
You will be surprised that you will find many many lapses on the part of complainant which you have never dreamt.
Any body welcome to join me in the course of such interesting results.
1) In one case I found that vakalatnama was not signed by the Judge and it is now three years so I am objecting the current occupant of the chair not to sign it now. The case is shunting at this stage only.if not signed the appearance of the advocate is invalid. If signed now I will go in revision.
2) Another court virtually shouted on me that scanned copies of all the documents is not necessary under the law. After the drama of opponent advocate and courts observations are over , I just requested to the court to pass specific orders.
The matter is now shunting here. If the court allows the application it will be a hell of the job for the opponent to supply scanned copies. If rejected I will go in revision which court knows since it is my regular line of action.
