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Mohit Attri (lawyer)     23 November 2010

cross examination in 138 NIA???

HI ALL

CAN U TELL ME WHAT TYPE OF QUESTION WE CAN ASK FROM ACCUSED  IN 138 NIA . WHERE A CHEQUE HAS  BOUNCD DUE TO INSUFFICENT FUND.AND WHT TYPE OF QUESTION WE CAN ASK FROM COMPLAINANT IN CROSS IF WE R FROM ACCUSED SIDE???



Learning

 10 Replies

n.k.kapil (ADVOCATE)     23 November 2010

there are so many questions but the cross examination depends  upon the natureof transction between the parties.what is status of notice which is the foundation of litigation under138. is there any discrepency in the noticethen you can ask about the service of notice, how it was send, whether the same was send at right address. whhether the complainant has mentioned in the complaint that notice has been served upon the accused. next, if the transaction is regarding giving of loan amount then there must be a receipt in token of loan. next,who has filed the cheque, whether it was filed on the instruction of the accusedor the complainant himself filed the same about the knowledge of the accused,you can also ask , whether the transation is reflected in income tax returns, whether regular books of accounts are maintained by the complainant.etc.
 

1 Like

ashish lal (Advocacy)     23 November 2010

what is your case. Cross examination really depend upon facts of the case .

Mohit Attri (lawyer)     23 November 2010

@ n k kapil thnk u sir.ur questions r super

@ashish lal

our client submitted  thr rupees in a fraud pvt ltd co. on @22% fix interest now this company  has been underground.the company issued a cheque which returned due to in-sufficent fund.


(Guest)

very well explantion Kapil sir

ishaq mohd (advocate)     24 November 2010

question regarding liability for issuing cheque can be asked whether there was a legal debt.there may be question about territorial jurisdiction. whether the cheque was in handwriting of drawer or who filled the cheque.  the date of notice ordate of filling complaint are so many qustions which may be asked depending on facts of acase

n.k.kapil (ADVOCATE)     24 November 2010

in fact, complaint under section 138 of negotiable instrument now these days is a full flledge topic and law has been settled.cross examination in fact depends  upon case to case. and also depends on the nature of transaction.rRequirement of act says that the cheque either should be filled by the accused or on his direction, otherwise the complaint is not maintainable. another requirement is that the cheque should have been issued to discharge legal liability  .                                                                                                                                                                                                                   ,

sumit (lawyer)     25 November 2010

hi very well

Mohit Attri (lawyer)     25 November 2010

husband is bound if a cheque issued by wife???legal liaabilty of husband,as we know he is the karta of the family.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     26 November 2010

WHAT IS THE REAL QUERRY HUSBAND WIFE OR DISAPPEARING CO.

REGARDING HUSBAND WIFE , HUSBAND IS NOT LIABLE SINCE THE CRIMINAL OFFENSE IS ONLY BY THE HOLDER AGAINST THE ACCUSED WHO ISSUED THE CHEQUE.

Mohit Attri (lawyer)     26 November 2010

no real ouery.

my question is  wht is husband's liasbilty if a cheque issued by his wife???whether he persume to be guilty/offender ???


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