Sec 138 NI Act and Substitution of Complainant

Adv. Mohan Chandra (Querist) 10 May 2008 This query is : Resolved
Sir,

Criminal proceedings were filed against me under Sec.138 NI Act by a leading multinational bank in 2005. The cheque used was one of the ten blank cheques in its possession.These cheques were submitted as security for availing finance facility at the insistence of another multinational company.

During the process, substantial cross examination of the complainant was done and the complainant (representative) failed to appear before the court once written request for various documentary evidence for the amount of cheque bounce was requested. Later complainant bank submitted an application for substitution of representative. The Honourable Magistrate refused to accept the application on the ground that the complainant representative was substantially cross examined and substitution was not permissible.

After a few months the Magistrate was transefered and the new Magistrate allowed substitution. I filed an application for review of judgment in the higher court which has been dismissed.

My query is

1. The original complainant representative failed to appear once written request for various documentary evidence for the cheque amount were requested during the cross examination.
2. In the application for substitution the complainant states that the representative has left service and no longer available while in the subsequent affidavit filed states that the original representative has been transferred.

Under the above condition is their any provisions in the law I can initiate action against the complainant.

Thanks

Follow Query

Report Abuse