Archie (Business Development Consultant) 21 October 2012

Cross examination

Hi I am accused in NI 138 case - 1) Blank chqs were taken from me and filled and submited for clearing (2)since chqs bounced NI act 138 was filled againtst me (3)Bounced cheque was originally BLANK with only my signature (4) Bank entered date amount in words without my knowlegment (5)chq amount filled by bank is 47000/- whereas EMI agreed on Contract is 8000/- Please advise (1)Can i do cross*xamination although i am accussed (2)what is the validity of Board resolutions authorising Power of attorney since Board res is of year 2006 and Power of attorney is 2008 (3)Pls advice points on which i can fight this case

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5 Replies

Chetan Joshi (Advisory/Advocacy) 22 October 2012

when it was agreed in the contract for 8000....Then why did you give blank cheques......

and eloborate about the board resolution in a specialesed corporate thread....

sandeep (lawyer) 22 October 2012

sir you will not be allowed to cross examine unless you are advocate although their is provision for croos examination by you but honable judges prefer that you should cr in presence of attorney

MohammedRaffiq Bijapur (Advocate) 23 October 2012

Yes u can conduct case youself I mean u can cross examine the witness in box.

The passing of resolution by Bank and execution of power of attorney are two different things.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 23 October 2012

This is a criminal case and conducting the case in the court is proffessional job. You should take the assistance of a good advocate.. since procedure is short and liabilitiy is assumed.

Cross is a skill which comes after years of practice.