Venkat R Venkitachalam (Consultant) 08 November 2009

Affidavit by Complainant Cr Pc

Could someone throw light on the following query?

I filed a Complaint under Sec.138 of the N I Act. It is mentioned in the main Complaint that the Accused requested for time for presenting the Cheque. In the Affidavit for Examination-in-Chief the details of the SMS messages from the Accused are mentioned with date time and other relevant particulars. Is the Affidavit in order or can the defense raise any objection to the fact that the details of the SMS messages have not been specifically mentioned in the main Complaint? Thank you.

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3 Replies

Kiran Kumar (Lawyer) 08 November 2009

in my opinion such an objection is not sustainable for the reasons that the complainant is in fact showing the details of how he requested the accused to release his payments.

strict principles of CPC dont apply here, its a criminal proceedings and the complainant has to prove his case with all supporting evidence.

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PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 08 November 2009

NO,PROBLEM THERE IS NO CONTRARY STATEMENT IN THE COMPLAINT AND CHIEF. THE ONUS OF BURDEN PROOF ON ACCUSED. YOU NEED NOT WORRY

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Anil Agrawal (Retired) 08 November 2009

On email and SMS.

A man sent an email to CM AND BMC that my friend was indulging in under invoicing and thus avoiding octroi. BMC held inquiry and found the allegation baseless.

My friend complaint to the police who, through IP address, got hold of the sender. In his written statement recorded at the police station, he admitted having sent the email to cause loss of business to my friend, with a view to instigating BMC to launch case against him and to take revenge.

Police says no case is made out against the sender. My friend filed a case in Mumbai. For the last two years, magistrate is asking the police to complete the inquiry. Police is calling the sender to Mumbai. He does not respond.

What is sauce for the gander is not sauce for the goose.