138 ni act
Singh
(Querist) 25 November 2013
This query is : Resolved
Sir,
my client has filed complaint case under sec 138 ni act against one person amounting 70000. we have shown the amount as friendly loan as he is friend of my client's husband.
My client has also raised some loans from cooperatives socities and defaulted the same.and huge outstanding is pending against her and her husband. Accused also raised some loans from cooperative societies abd defauled the same however now he has repaid the same. Accused being known to this fact asked my client in cross xamination about loans which she or her husband raised from cooperative societies. however she denied the same.Now in DE accused produced those societies officials as DW under the list of witness. Sir he just want to create pressure and want to exposed the complainant by embrassing her with this fact that she is defaulter and how could she give loan to him.My query is can we oppose the list produced by accused on the ground that those cases or loans have nothing to do with the merits of this case.and there is no need to summon the same. Yes accused if wants then he can summon the bankers of the complainant. Under which section we need to move the application for opposing the list of DE and any judgement on this that only those witness are to be examined which court thinks that they are relevant and important to decide the real controversy between the parties. If somebody has taken any loan and somehow defaulted the same it is his or her personal matter and filing 138 on any person on the basis of some transaction is although different transactions and could not be linked.Please reply me in detailed so that we can proceed further.
THANKS!
ajay sethi
(Expert) 25 November 2013
your client ought not to have denied taking loan from cooperative societies and being defaulter . once she has denied the same and being caught in cross her credibility as witness is at stake .
these are 2 separate issues . let accused produce said evidence . you are concerned with only proving that you had lent accused funds and he defaulted in repayment and hence committed an offence
Rajendra K Goyal
(Expert) 25 November 2013
Your client should have brought the truth in her cross. Agree with the expert ajay sethi ji.
T. Kalaiselvan, Advocate
(Expert) 25 November 2013
To the petition seeking permission to examine certain witness, in your counter you could have stated all those you have written, its the discretion of judge to allow or to dismiss the said petition. The accused in order to prove his case and to defend himself he may rely upon certain facts to be established before court, there is nothing wrong in it. The accused should also state that why at all he issued the cheque that can be your cause of action.
Satya Mani Tiwari
(Expert) 26 November 2013
Did your client issue a named or self cheque to the complainant. If your answer is yes if its named cheque then with a particular date for encashment then its better to compromise in the initial stage, as your defence has got no meaning if the complain is filed U/s 138 Negotiable Instrument act but in case if its SELF/ BEARER cheque with no name of any particular person then you can put up your defence along with the story you have to prove that it was a friendly loan without any interest involved.;
