Should I call Records of CPWD in my court case???

Querist : Anonymous (Querist) 04 October 2010 This query is : Resolved
I filed a case of NI -138 against the issuer of the cheque, but could not prove a legally enforceable debt, hence my case was declined and the opponent was given a benefit of doubt.

Now the opponent filed a suit for damages due to malicious prosecution.

In cross examination, he said that he had to face a loss of Rs.300000/-because his license as contractor with CPWD could not be renewed as he became late in applying for renewal,being busy in attending court dates in the NI-138 case filed by me.But he has no documents to prove his claim.

So should we call CPWD to prove him wrong(we know through an RTI reply that he never applied for license renewal)or should we not,because it is his duty to prove his claim ???

What if we call none as witness to prove him wrong,would that go against us??

Please guide me.

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R.Ramachandran (Expert) 04 October 2010
Filing a case under NI Act with a bounced cheque cannot be said to be malicious prosecution. Winning the case or losing the said case is altogether another matter. Just because you lost the case it cannot be said that it was malicious prosecution. When you receive a notice in regard to suit for damages, better hand it over to a lawyer and get it defended. It is for him to prove that there was maliciousness in your NI petition. You need not go after CPWD records etc.

Kiran Kumar (Expert) 04 October 2010
I agree with Mr. Ramchandran, but I will say your may call for the records in order to substantiate your case. Otherwise his plea is flimsy.

R.Ranganathan (Expert) 04 October 2010
I agree with Mr. Ramachandran. In addition to that as you are having the reply to your RTI query, you produce it through your advocate at the time of trial. No need of calling for the records now.

aman kumar (Expert) 04 October 2010
agree

Querist : Anonymous (Querist) 04 October 2010
Thnx Lrnd.Experts that U all replied.

By ur replies I have dropped the idea to call CPWD.

One question only....

Mr Rangnathan mentioned that we could produce the RTI reply at the time of "TRIAL".

Does he mean that we should produce the RTI reply in "Argumentation" or some thing else?

Please make it further clear to me.

adv. rajeev ( rajoo ) (Expert) 04 October 2010
Mr. Rangnathan suggestion is that you have to produce the documents at the time of your evidence to get it marked. If the documents are not marked they wont be considered.