U/s 138 at argument stage

Adv. Mohan Chandra (Querist) 07 March 2013 This query is : Resolved
Friends

During the last hearing the Ld. Metropolitan Magistrate had inquired on the method of Argument (oral or written)I had suggested oral argument.

Now instead of proceeding with the oral argument the Ld. M.M. has suggested that both the parties submit a copy of written argument for reference and subsequently oral argument will follow.

Now my query is is it necessary to disclose all the facts in the written argument. My intention to conduct oral argument was to keep some surprise elements and if disclosed in the written argument the other party may be prepared.

Thanking you

Mohan

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prabhakar singh (Expert) 07 March 2013
Yes!it is necessary to disclose all the arguments in the written argument.

DEFENSE ADVOCATE.-firmaction@g (Expert) 07 March 2013
Whether written or oral the final outcome rarely depends on last arguments since it is a technical law and die is cast when AND in what manner evidence is presented and in what manner cross is taken.

If complainant than should withstand the attack of defense and if accused hundreds if not more chances to demolish the story of the complaint.

SO THE DIE IS CAST BEFORE FINAL ARGUMENTS.

Kiran Kumar (Expert) 07 March 2013
the facts and evidence are already before the Court, what kind of surprise you will give at Argument Stage.

dont be manipulative in the process, give your best in both Written and Oral Arguments. Your Strive for Surprise may surprise you rather in case the other party is better prepared and is able to make the judge comprehend his/ her case.

ajay sethi (Expert) 07 March 2013
wrtitten arguments tendered by you will be on record .mention all the facts always advisable to give written arguments . you can briefly summarise case in oral arguments

Raj Kumar Makkad (Expert) 08 March 2013
Nothing remains surprise till the stage of the argument as the lawyers are meant to assist the court to come to a right conclusion and the scope of any surprise at least in 138 NI Act case is very very limited so no need to hide anything and let the other party come with full preparation even if you seem something unheard for any one so that you may feel victorious after providing full opportunity to every one concerned to defend.

Adv. Mohan Chandra (Querist) 08 March 2013
Thank You Very Much

Prabhakar Singh Ji, Kiran Kumar Ji, Ajay Sethi Ji, Raj Kumar Makkad Ji and Mr. Advocate Defense

I will follow your advice

Regards

DEFENSE ADVOCATE.-firmaction@g (Expert) 08 March 2013
Nice of you MOHANJI since it is a free site and no body gets rewarded for correct advice and none can be punished otherwise.

My purpose for contributions is the principle of age old MURPHY LAW which comes out correct AT all the time in HUMAN HISTORY, that is -

• If anything can go wrong, it will
It can
It should
At the most inopportune time

AND AND ....It will be all your fault, and everyone will know it.

SO TAKE CARE AND IF COMPLAINANT OR ACCUSED AND IF YOU WANT TO INSURE RESULTS THAN AWARENESS NEEDED AT EVERY STEP FROM DAY ONE. NO EXCUSES AT ALL.