Compuresied cheque returned memo neither signed nor stampted
Madhu Mittal
(Querist) 14 November 2017
This query is : Resolved
In a case u/s 138 N I ACT, compuresied cheque returned memo neither signed nor stamp ted by the Bank of Complaianant, Now in Court accused lawyer is arguing that this memo can not be exhibited. Any remedy or case law for complainant.
Thanks with Regards in advance,
P. Venu
(Expert) 15 November 2017
You may summon the Bank Manager as witness and his deposition could settle the issue.
Guest
(Expert) 15 November 2017
What is the decision of the judge on the issue, whether agreed to the objection of the party or allowed as exhibit?
Madhu Mittal
(Querist) 16 November 2017
Respected Sir,
the application by the accused has just been moved
Guest
(Expert) 16 November 2017
If application moved, what was the submission of your own lawyer?
Madhu Mittal
(Querist) 16 November 2017
Respected Sir,
it is computerised memo, so no need of sign and stamp. please guide sir,
Guest
(Expert) 16 November 2017
Hi Madhu Mittal,
So, ultimately, you have openly admitted that you knew the fact, but were perhaps on the spree of taking test of the experts. You wanted to get the reply from the experts, but I wanted the same reply from you only, as I was wondering, why a Director of some company could have been unaware of this hard fact about the soft truth and why he did not come forward with the fact why his lawyer did not object to and made any submission to the court on the application of the accused and whether the court took any decision in the case or not.
Please note, purposely half baked problem merely tends to waste time of the experts as well as the querist.
So, whatever you have stated, make submission to the court, if not made already. Not to say of your own banker, even any unrelated banker can confirm your statement. But, if you desired to put the case under trial, you could have got the memo signed and stamped to avoid loss of time and energy in the court of law. No banker refuses to sign a correctly issued memo.
Rajendra K Goyal
(Expert) 16 November 2017
Cheque returning fact need to be confirmed by summoning the Bank Manager.
Madhu Mittal
(Querist) 16 November 2017
Respected Sir,
First of all, I want to thanks the person(s) who started this site for the cause of Justice, and at the same time to the all learned members who give their valuable time to guide the persons who approach this site, because many a times, toughest questions of law was solved by this sight, as this sight has lacs of members, some members may have knowledge in some sectors and some in other sectors.
I thank Sh.P.venuji , sh. R.k. goyalji and Sh. Jigyasuji for attending and guiding me.
Now to Sh. Jigyasuji, I never wanted to taste any expert, only any problem or point of law brings me here whenever there is a confusion. There is no use to hide from the experts if I want clear advice from them. Now please confirm that there is no need of summoning Bank Official for confirmation of fact of cheque returning .
In addition to this I have seen your view at http://www.lawyersclubindia.com/experts/Transmission-of-shares-without-probate-of-will-657856.asp
The aforesaid problem was also there at thread :
http://www.lawyersclubindia.com/experts/Transmission-of-shares-without-probate-of-will--601546.asp
I request you for the cuase of Justice to mention the above thread no. 601546 at 657856, so that the querist may get benefit, I am not expert so I can not write in another thread at expert.
Thanks with Regards,
Guest
(Expert) 16 November 2017
Madhu Mittal (regrettably not sure whether Mr. or Ms.), seems as if desirous of seeking fun out of the difference of opinion among the experts! Seeking fun just for his own amusemen is not advisable for him.
By the way, in your opinion, what is the relevance of "WILL," "PROBATE" or "TRANSMISSION OF SHARES," with your present problem pertaining to "CHEQUE DISHONOUR"?
Further, do you believe me to be your tool to be used in any manner you like to expect me to mention the thread referred by you. Even your reference of that thread in this thread is quite irrelevant to mention with specific reference to your own problem pertaining to cheque dishonour. However, if you have some difference of opinion, you could have felt free to post your views in that thread.
Stretching of the thread unduly long is also not advisable without any justifiable reason. specifically, where you have not stated anything about your own lawyer's submissions and the judge's decision on the application by the accused with reference to the submissions of your own lawyer.
Madhu Mittal
(Querist) 16 November 2017
Respected Sir,
With due respect to you, I never came here for any fun, if there is different opinion and after discussion , anything best can be deduced, there is no harm, as seen there may be different opinion on thread itself, likewise there may be different views of learned advocates at our level, that is why this forum is approached for best.
You attended my query by giving your valuable time, I am thankful to you,
About another thread, I already wrote that I am not expert so I can not write in another querist threat.
So I requested to do for the cause of Justice, nothing more.
Now please confirm that there is no need of summoning Bank Official for confirmation of fact of cheque returning i.e. it is sufficient that it is computerized memo, so there is no need at all. Because if Bank Official is summoned, case will be longer and expensive also.
On behalf of us nothing has been submitted in court yet,
Thanks with Regards,
Guest
(Expert) 16 November 2017
Sorry, no more input for evasive querist. Your own lawyer has to take care of your interest.
Madhu Mittal
(Querist) 17 November 2017
Respected Sir Sh. Jigyasuji, ,
Please give any material/law/citation supporting your view/opinion so that the said can be shown in Court and precious time of Court can also be saved. In our Court there is already a lot of works to be decided.
Madhu Mittal
(Querist) 17 November 2017
Respected Sir Sh. Jigyasuji and other Sirs,
Can memo be got back from the court and got it signed and stamped and submitted back in Court?
Guest
(Expert) 17 November 2017
Mr/Ms. Madhu Mittal,
Very irrelevant and unfair demand on the part of a Director of a company!
Not flattery (what to say of cosmetic flattery), only reality, sincerity and truthfulness works in legal issues, whereas you are too far from reality and truthfulness. You may keep such a flattery reserved for your own lawyer, as you tried to use here. Better trust your own lawyer.
You should not have expected any more input from anyone for your hypothetical case. More so, you should not have expected anyone to waste his precious time, energy and infrastructure to work free of cost merely to be a virtual assistant for your own PAID lawyer, even it yours is a real case, not a hypothetical exercise, as yours seems to be.
Madhu Mittal
(Querist) 17 November 2017
Respected Sir Sh. Jigyasuji ,
Please guide to point sir,
Can memo be got back from the court and got it signed and stamped and submitted back in Court?
Guest
(Expert) 17 November 2017
Please be aware, Jigyasu is prefers to provide practical solutions only in real life problems, not to render any service in artificial and hypothetical situations.
Madhu Mittal
(Querist) 17 November 2017
Respected Sir Sh. Jigyasuji ,
Please guide to point sir,
Can memo be got back from the court and got it signed and stamped and submitted back in Court?
