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Sapan Ahlawat   12 April 2019

Statement of accused

Respected Member, While framing of charges against the accused in a complaint under section 138 of N.I. Act, the accused has stated that the cheque was stolen but later on after the persual of all the records it comes out that the cheque in question was issued for some transictions between the complainant and the accused. Now the question is that how can the accuse rectify his statement given at the time of framing of charges. Please help. Thanks


Learning

 4 Replies

Sapan Ahlawat   12 April 2019

Sir,

These days lower Courts put it in form of questionere, and get it signed by the accused. At the point of framing of charges situation was different and after that after the persual of records the matter stands all together different. please suggest what can be done to rectify it. Thanks

Sapan Ahlawat   12 April 2019

I am the accused in the said case

Sapan Ahlawat   13 April 2019

Respected Sir,

Yes, while taking the cognizence of offence the court had asked me following questions

1.Do you plead guilty?

To which I answered "I donot plead guilty and claim trail"

2. What is your plea of defence?

Ans. The cheque in question was lying in my office which the complainant has picked in my absence

This statement of mine was not recorded completely. How can this statement be amended Sir. Please HELP

RO & AC

 

Next is the statement u/s 294Cr.P.C

Q: Do you admit your signature on the cheque bearing no. 827343?

A: The cheque bears my signature.

Q: Have you filled the other contents of the cheque?

A: No

Q: Did you hand over the the cheque to the complainant?

A: I had not handed over the cheque to the complainant. The cheque in question was lying in my showroom which the complainant has picked up in my absence.

Q: Are you admiting the report on return memo 

A: Yes

Q: Did you recieve the legal notice send by the complainant?

A: Yes

RO & AC

 

Sapan Ahlawat   15 April 2019

SIR,

Thanks, Can we move some application to amend or complete these statements ?


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