Negotiable instruments act
R.Kasi Viswanadham
(Querist) 20 October 2012
This query is : Resolved
i am the counsel for the complainant and complainant is private limited company. my query is on behalf of company representative as well as other witnesses are not given evidence as we expected. for example, at the time of transaction, we are not there, we would not issued the bills, we don't know that whether accused is running firm or not?
frankly speaking our evidence was not support to us. now our evidence is closed. if we want to win the case, we will produce the sufficient arguments with relevant citations, so please advise me and also if u have any citations regarding this issued please provide me.
thank u
vissu
ajay sethi
(Expert) 21 October 2012
it seems the company witnesses have not proved the case . if complainant and other witnesses have not done the home work and have not been able to show that thweir is a debt due and pyable and that cheque was issued in discharge of debt then you may lose the case .
citations would depend upon facts of the case . you cnanot by mere arguments win the case if the evidence is lacking to substantiate your case .
R.Santha Moorthy
(Expert) 21 October 2012
Company is not a living person and it has got a status of separate entity as per law different from any individual complainant. So it has its own advantages. Try to reopen the case for examining any one of the Directors of the company who has got well acquainted with the facts of the case and present when the transaction took place or personally involved in the affair.
Moreover, mere ipsy dipsy of some witnesses may not destroy your case. Section 139 of N.I.Act would definitely help your case. there are number of citations on Sec.139 - Presumption available for complainant.
Hope to win the case always and do your best.
