Negotiable instruments act - Witness

Querist : Anonymous (Querist) 03 January 2010 This query is : Resolved
Dear sir

We have filled cheque bounce cases (two cheques worth Rs.35 lakhs) against a private limited company in November 2008. Both the cases are in adjornments. Our next date is in March 2010. We expect the another adjournment on that dates also. We are expecting the cases to come for trial some where at the end of 2010 only.

We have one problem here. One of the key witness is the ex-employee of the accused company. He left the company. He signed some of the documents also which are going to be the crutial for our case.

He agreed to give the evidance as witness and he can acknowledge the documents.

Can we arrange to take his evidance in the presence of the Megistrate immediately. Since, We are worried that the accused may put pressure in future at the time of trial. Can anyone suggest the possibility and mode for the declaration/avvidawit/evidance like in the presence of the Megistrate.

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Arvind Singh Chauhan (Expert) 04 January 2010
If the stage of evidence has come. You may request to court to summon the witness. Evidence may be as in chief through affidavit or oral before the court.

Raj Kumar Makkad (Expert) 04 January 2010
Why his presence in necessary????????

Such type of cases are very simple in nature wherein the evidence of the complainant and the bank authorities are sufficient and no specific evidence of the alleged witness is found necessary to prove the issuance of the cheque. so far enforceable debt is concerned, it might be in the books of the complainant how and under which circumstances the cheque was issued by accused. That evidence can be brought in evidence by complainant himself and further no need of any outside witness arises. If you want to summon him, can do but it is not wise to call him in your evidence.

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