Negotiable Instrument Act.
allurisivajiraju
(Querist) 09 October 2008
This query is : Resolved
Respected Seniors:
In a complaint ( Basing on the dishonour of cheque which was issued by the Accused for partpayment of the promissory note debt) U/S 138 and 142 of N.I.Act the list of witnessess who are scribe and Attestor of the promissory note were not mentioned. But the Managers of the Accused Bank and Complainant Bank only were mentioned as List of witnessess.
Now the Complainant was examined as PW-1. He wants to examine the attestor of the promissory note to prove his debt.
What is the option available to the Complainant to examine the attestor.
sanjay kumar patibandla
(Expert) 09 October 2008
Sir in my opinion the burden of proof is on accused regarding non consideration of amount under pro-note. so no need to examine attestor and scribe.
even though your case circumstances compelling to lead that evidence just you file a petition under 311 of cr.p.c and summoun the attestor and scribe.
K.C.Suresh
(Expert) 10 October 2008
You can examine the attestor with the permission of the court
Adv.Shine Thomas
(Expert) 10 October 2008
The complainant can file an additional witness list before the court and the court cannot deny it. Recent rulings of the various H.Courts says that the transactions to be proved by the complainant. Hence the file an application to issue summons to the attestor with the witness list.
