respected experts, my application under S.340 CrPC for giving false evidence by complainant in cheque bounce case is dismissed by trial courts. main case is at the stage of argument. what is the remedy, should I approacj session court for revision or to HC. Please advice.
Supreme court has said that=
The presumption under Section 139 of the Negotiable Instruments Act, 1881, includes the presumption of the existence at a legally enforceable debt or liability. That presumption is required to be honoured, and if it is not so done, the entire basis of making these provisions will be lost.
. on- 23rd JULY 2013.
Again the SC has said that=
three-Judge Bench of this Court ( SUPREME COURT ) in has approved the above decision and held that failure of the drawer of the cheque to put up a probable defence for rebutting the presumption that arises under Section 139 would justify conviction even when the appellant drawer may have alleged that the cheque in question had been lost and was being misused by the complainant.
So even at this late stage you should find expert legal aid at court room level from advocates who have contested the cheque bounce cases with results so that you come out of your problems.
You can appraoch the dist., courty
False evidence perjury applications are entertained after final outcome and not at intermediate stages.
And the cheque case is a summons case which has a short procedure so even perjury matter is continued it will take long time for out come . And till now there is no known case of any result for such cases.
So better put your energies for contesting the case for which still there will be scope and avoid getting trapped.
