Ni 138 matter
Mohan
(Querist) 04 March 2012
This query is : Resolved
Accused gave chk from blocked a/c. I want bank manager to testify in court. How to have the bank manager come to court? Can he give this evidence on affidavit. Will cross exam be necessary in this case? Pls clarify.
Thanks & regards
Arvind Singh Chauhan
(Expert) 04 March 2012
He should be included in witness list first, then you may pray to court to call him in witness box through summon.Yes cross examination is necessary.
V R SHROFF
(Expert) 04 March 2012
You apply to examine bank manager.
once allowed, file his Affidavit, giving copy to opp party.
Summon to / call him for chief/ cross examination.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 March 2012
Take care since you are calling his as your witness so whatever admission he will give will be binding on you.
FOR EXAMPLE HE MAY SAY AND HE WILL HAVE TO SAY THAT I DO NOT HAVE RECORDS TO SHOW THAT PARTICULAR CHEQUE WAS ISSUED TO THE ACCUSED.
Nadeem Qureshi
(Expert) 04 March 2012
Dear Mohan
if you have mentioned the name or post of the manager/Clark of the bank in your compliant and witness list then the court issue summons to that manager for evidence.
feel free to call
Guest
(Expert) 04 March 2012
Mr. Mohan,
In my views, the bank's cheque dishonour memo with reason quoted about blocked account would be the sufficient proof in your case. If the judge would desire to verify the fact, he can summon the Bank Manager even at his own to testify before him.
Advocate M.Bhadra
(Expert) 04 March 2012
In the case of sec.138 N.I.Act Banker's Note is prima facie evidence,so witness of Bank Manager is not required,moreover Court may not allow to issue summon to the bank Manager as a Witness.
adv. rajeev ( rajoo )
(Expert) 04 March 2012
Banker's evidence is not necessary. Memo is more than sufficient.
Sudhir Kumar, Advocate
(Expert) 04 March 2012
please see Mr Rajeev has said. how did you know that the account is closed. You have cheque return memo (if not then you havae no case) which indicates the reasons for dishonour .You never said that other arty is challanging the authenticity. If other party challanges authnticity then it is not the Mnager in person who shall be witness. Any rep of Bank can come and depose based on official reocrd. Your insistance on Manager coming for evidence is unreasoable and unwarranted.
Do not forget in criminal proceedings the accused has greater rights.
Mohan
(Querist) 04 March 2012
In cross they have questioned authenticity of chq and also signature we have bank mngr of accused listed as witness in PCR Also police complaint is lodged u/s 420 for issuing chq from closed a/c
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 March 2012
Please see the legal provision-
The Negotiable Instruments Act, 1881
146. Bank's slip prima facie evidence of certain facts.
1[146. Bank's slip prima facie evidence of certain facts.
The Court shall, in respect of every proceeding under this Chapter, on production of bank's slip or memo having thereon the official mark denoting that the cheque has been dishonoured, presume the fact of dishonour of such cheque, unless and until such fact is disproved.]
1. Section 143 to 147 ins. by Act 55 of 2002, sec. 10 (w.e.f. 6-2-2003).
SO THE ACCUSED HAVE RIGHT TO DISPROVE THE BANK SLIPS. IT IS MORE EASY FOR ACCUSED TO DO SO SINCE NOW A DAYS UNSIGNED , UNSTAMPED , COMPUTERISED SLIPS ARE ISSUED.
Kirti Kar Tripathi
(Expert) 04 March 2012
I agree with experts, particularly with Mr. JSDN, who have quoted the relevant provisions in this regard.
Guest
(Expert) 04 March 2012
Mr.Mohan,
The plea of the party evidently is to evade and mislead the case from the main reason of dishonour.
So, if the accused party has questioned the authenticity of the cheque and signature of drawer, it is nothing but just a foolish act to question these issues on his own cheque. The question is about dishonour of cheque on account of blocked account, not that of dishonour due to shortage of funds or the signature differ.
R.K Nanda
(Expert) 04 March 2012
You can summon bank manager as witness on the orders of court.he may give evidence by
affidavit and he may be x examined if court
allows it.
Raj Kumar Makkad
(Expert) 04 March 2012
Move an application before the trial court, get deposited TA & DA of the witness and send the summons accordingly with concerned record.
SAINATH DEVALLA
(Expert) 05 March 2012
Dear mr.Mohan,
Blocked account means it is blocked by the bank for various reasons.It also means that the account is not completely closed by the bank.Account can be reinstated by the bank after fulfillment of the required liability or some thing else.In this particular case,the bank has to be included as a prime witness in the complaint,but an attested statement by the authorised officer of the bank,can be produced as evidence.If the court is satisfied that the attested statement is acceptable then the court need not summon the bank authorities or cross examine them.Under which sections of the NI Act this is permissible is already mentioned by my senior collegues above.
Shonee Kapoor
(Expert) 05 March 2012
He should be listed as a witness.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 08 March 2012
So far as case under section 138 NIAct is concerned,you enjoy the legal presumption of correctness of the slip and it is accused to rebut it where after,if need arises, you can summon the B.M. of Bank by depositing costs.
In 420 IPC if police investigate properly,it shall naturally make B.M. of Bank its' witness.
