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Shilpa   02 January 2016

138 cheque bouncing case

i am an accused in 138 cheque bouncing where the date has been visibly altered also the name of the benfeciary has been altered.when can i ask for verificaion by hand writing xpert.



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 7 Replies

Shilpa   02 January 2016

my lawer told me only after cross examinatio is over can i do it not before that.

Advocate.S.A.Siddiq (Advocate)     03 January 2016

Obey your lawyer's thought

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     03 January 2016

First problem is one of few are expert in cross examination.

 

Another problem is if the accused has admitted the cheque and signature at first appearance in plea than not much can be done in cross. Since presmption will operate against the accused and the court even may not allow questions . . And there will not be much time to in revision .

 

So before starting  cross  there still  are  many steps where accused can come out of the complaint.even without the trial.

 

We will give you recent example in one of our case. We gave an  application for jurisdiction of the complaint., court rejected it.There was jurisdiction but some glaring mistakes in pleading and bank slips.

 

So we have gone in revision with  the prayer that the lower court ought to have done proper enquiry by taking evidence on this issue alone. Sessions court agreed and remanded the matter.

 

There are many simple tricks like this which come only after expereince where new complications can be created and main issue  can be  derailed.

R Trivedi (advocate.dma@gmail.com)     07 January 2016

1. First problem is one of few are expert in cross examination.

 

2. Another problem is if the accused has admitted the cheque and signature at first appearance in plea than not much can be done in cross. Since presmption will operate against the accused and the court even may not allow questions . . And there will not be much time to in revision .

 

3. So before starting  cross  there still  are  many steps where accused can come out of the complaint.even without the trial.

 

4. We will give you recent example in one of our case. We gave an  application for jurisdiction of the complaint., court rejected it.There was jurisdiction but some glaring mistakes in pleading and bank slips. So we have gone in revision with  the prayer that the lower court ought to have done proper enquiry by taking evidence on this issue alone. Sessions court agreed and remanded the matter.

 

5. There are many simple tricks like this which come only after expereince where new complications can be created and main issue  can be  derailed.

 

Laxminarain - Sr Advocate ? How senior ?

Pt#1 of yours is bad, there are good lawyers in all the trial courts.

 

Pt#2 of yours shows your lack of knowledge. Do you think accussed will rush to the magistrate on the first instance and admit, Your Honour,  this is my cheque and this is my signature and I issued this cheque to clear my liability ? What nonsense you write.

 

Pt#3 : Under which section of CrPC accused can come out in complaint cases without trial ? Or you are just bluffing like and ignorant ?

 

Pt#4 : You gave application questioning jurisdiction, knowing very well that jurisdiction exists ? Why ? Secondly if there are any mistakes in the pleadings of the complainant, then contradiction should be achieved during the cross, but instead of doing that, you went to revision and got the case remanded giving an opportunity to complainant to correct the mistakes. So you made few rupees as additional fee, but strengthened the complainant instead of helping your accused client....

 

Pt#5, Who taught you the law ? Main issue can never get derailed, in any cheque bounce case the main issue is dishonor of the cheque as issued against existing liability and presumption under S.139..

 

Don't fool people here on this forum, last time you gave bad citation keeping the order name secret and when confronted you ran away for few months, now you are back with your nonsense.

 

R Trivedi (advocate.dma@gmail.com)     07 January 2016

If the name of beneficiary seems visibly altered, then take a copy of the cheque, and go to your bank and find out from them, under which head they have dishonored the same.

 

secondly, what is the story as stated by the complainant in his complaint and evidence.

 

Thirdly can you figure out how this cheque went to his hands.

T. Kalaiselvan, Advocate (Advocate)     10 January 2016

First of all it is an earnest request to fellow lawyers that kindly avid attacks on each personally.  healthy arguments denying the opinion can be made or on difference of opinions, but not in an unethical manner in public, it will be as good as insulting one's oneself.

Now to the author's query:

The alteration in the cheque is not a matter of dishonor of cheque by bank, the bank can return the cheque to the drawee based on its invalidity due to corrections or alterations without attestation by the drawer on all those irregularities observed. 

This fact can be extracted during cross examination and also the bank official also may examined thoroughly on this issue and can bring to light the error committed by whosoever with whatever intention.

You may lawyer's advise.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 January 2016

The question here is forgery, falsification of documents and creation of false documents. If the accused detects it and knows it from the very beginning it can be mentioned in the rejoinder first filed by the accused and forensic verification of them can also be requested. Further it will depend on how the case proceeds and what the complainant claims. During cross-examination a clever lawyer may make the accused rebut his own affidavits.

Adducement of evidence through cross-examination was first stated to have been invented in Egypt. It has its own shortcomings.


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