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ksvrajuadv (Advocate)     05 December 2011

Need help

Dear Experts,

I need ur kind help,regarding case u/s 138NI Act,I am from accused side,he is milkman & he was selling milk to complaintant who is propertier of sweets busniess.Accused borrowed money from complainant on 6/5/05 of Rs 42,300/ by cheque which was duly encased & accused was agreed to make payment of Rs 45,000/ alongwid interst after18 months & accused issued post dated cheque14/11//2005.Accused told me that he did not signed on the cheque,neither he wrote any date.complainant took whole money by way of purchasing milk and complianat changed date on cheque14/12/2006,& presented to bank on 13/06/2007. & cheque bounced due to insufficent funds, complaintant stated that accused met him before 14/11/2005 & accused revalidated & changed the date14/12/2006.on 2/7/2007 complaintant sent legal notice & on 1.8.07 filed compliant u/s 138 NI Act.complainant gave power of attorney to her reletive to fight the case.Now plz guide me what types of question may ask from complianant during cross examination.bank manager & bank clerk evidence was over & crossed by accused`s previous counsel.plz guide me for cross examination & also state me what is the fate of case?

so many thanks in advance



Learning

 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 December 2011

Dear Dillon

if the accused informed you that he never sign the cheque nor fill the dtae on cheque then prove it before the court & file an application for writing expert of signature & Date on cheque if you prove that your client never issued any cheque then the case will be dismissed.

secondly you can file a case under section 420, 467, 471 of IPC against comaplainant for forged documents and fordgery.

feel free to call

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 December 2011

Dear Dillon

if the accused informed you that he never sign the cheque nor fill the dtae on cheque then prove it before the court & file an application for writing expert of signature & Date on cheque if you prove that your client never issued any cheque then the case will be dismissed.

secondly you can file a case under section 420, 467, 471 of IPC against comaplainant for forged documents and fordgery.

feel free to call


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