Negotiable instrument act
Adv B.B.Gambhir #9814820602
(Querist) 19 December 2012
This query is : Resolved
In a case under section 138 of N I Act, i appeared on behalf of accused and moved an application for dismissal of complaint by saying that my cheque book was lost in the year 2001 and fir with this regard has been lodged. my application was dismissed by the trial court. thereafter i conducted cross examination on witness. during cross examination, i inadvertently put the suggestion to witness, "it is wrong to suggest that the cheque in question was given as security" now what is the solution. the accused to whom i represent does not know this mistake. the case is fixed for further complainant evidence such as bank etc.
Raj Kumar Makkad
(Expert) 19 December 2012
Merely this lapse shall not work if the facts of the case and overall pleadings reach to some other conclusion. The FIR lodged during the year 2001 cannot be set aside by magistrate during the year 2012.
Nadeem Qureshi
(Expert) 19 December 2012
Dear Querist
the Magistrate can not neglect the FIR and version regarding liability of the accused. after dismissal of your application you should be filed a revision petition before session court against the Magistrate order.
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