Shree. ( Advocate.) 31 January 2015

Examination of complainant

Dear All,

Please clarify the following

In a cheque bounce case Complainant has appointed a Power Agent to represent the case before magistrate court.Further the power agent represented the case for past 4 years and filed proof affidavit on behalf of the Complainant and subsequently without any knowledge of the Power Agent,the Complainant had filed to remove the power agent and the Complainant had been representing the case thereafter on his behalf.Now the case proceedings has been at the stage of cross examination on the side of defence.

1.Whether the Original Complainant has to crossed or else the Power Agent namely PW-1 who marked documents and examined in chief have to be cross examined on the side of defence.

Any citations relevant may be reffered

Thanking u in advance

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1 Replies

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com) 01 February 2015

Cheque law is document based summons case where procedure is short. There is cheque from the account of the accused and it has returned unpaid and after receipt of notice from the complainant the money is not paid so sufficient for conviction.

1) There are mistakes from the advocates and the accused from the day one for recording plea. Any well informed advocate can get conviction on the strength of plea itself.

2) There after regular defence is taken in most of the cases that it was blank cheque or security cheque which goes against the accused.

3) There are blunders in cross examination where most of the questions support the case of complainant and goes against the accused. The complainant s case can be demolished on first questions by deft and well planned cross.

4) Than major mistakes in recording 313 statement which totally goes against the accused.

5) Then last ditch efforts are made to call information and documents from the complainant or handwriting verification which does not help the accused at all.

EVEN UNDER THIS BACK GROUND ANY CHEQUE BOUNCE CASE can BE WON BY PERSUING PROPER DEFENSE FROM DAY ONE.

A) Plea should be drafted most carefully by taking expert advice and not a single word should change from the draft.

B) Every single document of the complaint must be objected from day one and it should not be allowed to be exhibited .

There are many such legal procedures by which accused can win the case on technical issues alone instead of going in main issue .