rajesh kumar singh bhadouria (managing director) 27 May 2011
i am facing a case of 138 ni act against me. today i got first summon from the court to present at 10 jun 2011, i have paid all his ammount 27 jun 2010 , he told me that he will return me the cheques next day but in next day he startin asking more money as intrest , i have only a simple recipt .
what should i do ?
1- should i defend mthe case on besis of the recipt ?
2- should i pay more ammount on the first date of trial, with a suitable application ?
plz suggest
prashant pundhir (Criminal Lawyer) 27 May 2011
Dear Rajesh,
In the case of 138 N.I.act ,the very small things counts a lot and secondly when he can prosecute you only on behalf of the cheque,then why you not defend on the basis of the receipt .Go ahead and defend the case .In the criminal cases,it is very important to put the right evidence at the right time . After his evidence of 244cr.p.c. ,move the application of 245(2)cr.p.c. to discharge the case on behalf of that reciept .Now the burden of proof will transfer upto his shoulder to proove the reciept faked and if he remains failure,the case will get discharge .
rajesh kumar singh bhadouria (managing director) 27 May 2011
dear sir u give me energy , i will go to defend the case .thankx
SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com) 28 May 2011
section 245 (2) of Cr PC is applicable for warrant cases other than from police report. This is not applicable for summons cases under which NI 138 is tried.
The accused will have to contest the case and try to dimolish the case by contradicting his case.
Be careful at every stage , your mistake may be fatal and less scope in appeals.
Advocate Ranjt Giri (Advocate) 08 June 2011
U/S.138 NI Act is summarly triable case in its disposes in within 6 months. U/S.251 of Cr.P.C is applicable in this Act and substance of accusation to be stated. This is compoundable case and any stage we are compound the case. From-Advocate Ranjit Giri, Bokaro Steel City,jharkhnd.
Member Strength 9,47,564 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
