Negotiable Instrument Act
arun shokeen
(Querist) 17 May 2011
This query is : Resolved
First of all ,Thanks a lot for your suggestions and references with help of them My case is now in good conditions but in My case, another application made by Accused side,they said that they issued cheque as security so they are not held liable to pay amount as its not a legal debt. they also hv my hand written statement but bearing no witnesses sign or any other thing on that, whereas, i submit the check before completion of the cheque time period and agreement time period, i mean agreement on 2-2-2010 and for 8 months i submit that before 10 days of completion of agreement and also i like to mention that they issue two cheques and they have written submission about one cheque, so i have defence about one cheques which not referred by them about second i need authority and suggestion as in our District court usually Authorities not used and when i use, Judge expect same in others part also.
2. They make application under sec. 145 (2)to Cross examine i have plea that because they appears after two years of valid summoning and at the last stage of NBW and P.O beginning and its a summary trial so they should not be allowed .along with Judgement that even if allowed they have right of cross restricted to My client Affidavit ,so advice me whether my plea are right and whether i can restrict them to cross examine my complainant.
Again thanks a lot to all experts .because its an impressive things aqnd morale booster to a beginor like me, and thanks a lot to Lawyers club India. so please i again wants help of my Elders and others.
M/s. Y-not legal services
(Expert) 17 May 2011
Here the burden of proof is your's.. You have to proof that the accused issued the subject cheque for disclose his liability.. Otherwise you will loose your case..
Guest
(Expert) 19 May 2011
Your hand written statement, irrespective of whether that bears any witness or not, can only be the deciding factor on what count the cheques were received by you, whether towards security or in lieu of any liability of the other party.
arun shokeen
(Querist) 19 May 2011
Its my humble request to all Experts read the facts, i said, they issues two cheques but they have my hand writen about one cheque, second if a Advanced cheques issues it must be before agreement, whereas the cheque issued after 2 months of Agreement in which they already complete3 a large part of their work so what they paid is in discharge of their legal debt, third , they dont have any proof about the other cheque that why they issue another one , lastly, i submit the cheque for encashment when contract going to accomplish so even if i gave something in wirting i followed that if they instead of completing their part of agreement work and keep non performance of agreement where i m on fault, so again its my humble request either ask questions or try to understands the facts.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 May 2011
