sanjaj patil (prop) 14 July 2010

cross examination

please give me ur suggestions

i have taken loan from a credit society in 2000. due to business problem i cant able to close this loan account. This credit SOCIETY is in problem since 2006.

In 2007 they filed ni act 138 case on me after there is remark account closed on memo . this cheque i have given to one of the manager who is my friend at time of loan sancationing as a security in year 2000. who is not working since 2006.

the complainant saying that he is managing director of this credit society , submitting a letter regarding power of attorney dated in 2007. He also filed another cases of ni act 138 represenring another 3 credit societies since 2004 till year 2009.

the said chairman of this society is government employee .( i think according to co operative credit society laws in maharastra goverment servant cant act as chairman of credit society).

now matter is for cross examination .

i think we ahve to ask questions regarding procceding books , minute books etc .

can I able to send this cheque for ‘ finding age of ink . what is the exact procedure

pls help me

sanjay

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1 Replies

dawood ahmed (advocate) 03 August 2010

Hi, with regards to all,

Mr. Patil, the test of age of the ink may not help you as the court at the first instance itself may not allow your petition for that as it is held by various High Courts many a times that the ink test is not a conclusive proof, one may use old or older ink for filling up the body or the signature on the cheque with a view to defraud. You do your home work mainly on the account books and proceedings of alleged loan and other related topics in that regard.