Details to be provided in s, 138, ni act complaint

1. Techinical details /evidences /witnesses like Bills, ITR, Audio-Video, Correpondences etc.... maybe provided via a separate application & list of documents, AFTER the pleadings of accused.

2. Whatever and Whenever, you provide any such evidences, the Accused will have inherent right of defense, to adversely rebutt the same, till just before Final Arguments. Hence there is nothing such as "accused will take advantage at any stage".

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dear querist,

You should have filed transaction details and communication at the time of filing complaint itself. 

Regards,

 

I'll rephrase the query: Is it necessary to provide the transaction details of the loan amount we lent to the Accused in our complaint?

It is prudent practice to incorporate all material facts pertaining to alleged transaction between complainant and accused in the Complaint. The details of transaction need to be incorporated in the said complaint. As the complaint stand cannot be altered subsequently in the trail stage and the omission of said material fact may lead to acquittal of accused under the Negotiable Instruments Act.

Originally posted by : Mayank Gupta
	I'll rephrase the query: Is it necessary to provide the transaction details of the loan amount we lent to the Accused in our complaint?

CONSIDER THIS:
1. Sequence of Events that led to filing of cheque bounce complaints, must compulsorily be described in the Complaint Application, alongwith basic documentary evidences, like: Bounced Cheque & Bankers Return Memo & Notice to Accused.

2. Other relevant documentary evidences, can be produced after pleading of accused is recorded.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com