138niact
Querist :
Anonymous
(Querist) 05 May 2011
This query is : Resolved
guide me for cross questioning in court:
Case Filed By b against A for following points
a) A issued a chq. to B for squaring an account between them in which B has paid an amount to A but do not have any receipt, undertaking, or any type of account which can prove in court that B has paid an amount (Cash 9 lacs )to A
Actual Fact
chq not given by A to B as any legal debt but B was good friend of A and in due course during his visit to office of A he stole a chq. which was filled by A depicting amount in fig. & words only but the Payee name (i.e. Party B) WAS filede by Party B himself which can be proved with the report of Handwriting expert.
Kindly guide me my defence in above case
Guest
(Expert) 05 May 2011
The story is indigestible.
The question arises, when A issued a cheque to B, who is a good friend of A, what was the need for B to steal the cheque from his office. Also being a good friend, why did B feel the need to file a suit against him for dishonour of cheque?
Intention of A seems to be doubtful for not repaying the debt, which B lent him without taking a receipt from him in good faith.
PALNITKAR V.V.
(Expert) 05 May 2011
I find substance in what Mr. Dhingra says. However, if the facts given in the query are true, then the cross examination should be aimed to bring on record that the cheque was in fact stolen. has it been mentioned in reply notice that stolen cheque was used by B? Was any complaint filed for the stolen cheque? Was the bank informed that the cheque has been stolen? You will have take into account several such questions before you build a story of stolen cheque.
Guest
(Expert) 05 May 2011
Please don't forget, the other party has also the right to ask for such type of questions, as pointed out by Mr. Palnitkar.
