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Anwar Jamal   07 June 2023

Ni act 138, by mistake wrong answer given by complainant in cross exam

Dear experts,

my tenant given Cheque to my mother for the pending rent of 1 year and it was bounced, then I sent notices within 15 days and after time lapses case filed I nder NI 138 act which is admitted in court . But during cross examination my mother got confused by advocate question and mistakenly said that she signed Cheque and deposit in bank but truth is he signed and given to us against rent demand in notice.

What should I do? Can this statement go against my mother or case?





 9 Replies

Tejpal Yadav   07 June 2023

You can go for appeal 

And if you have rent agreement you can file case in rent tribunal for recovery 

1 Like

Dr. J C Vashista (Advocate )     07 June 2023

It is not possible to comment / form an opinion and oblige without going through subject evidence(s).

Anwar Jamal   07 June 2023

We have signed rent agreement, WhatsApp chat and he accepted too that Cheque given by him in court. But it is his good or our bad luck that my mother who is 70 got confused with questions and said she signed Cheque in flow while accepting that she signed affidavit in court while filing case.

Real Soul.... (LEGAL)     07 June 2023

That does not matters, the cheque belongs to tenant and it is bounced , you don need to worry just get some good lawyer

Advocate Bhartesh goyal (advocate)     07 June 2023

Yes,cheque has been signed and issued against due rent by tenant and bounced makes a clear case against tenant .Let the case be decided by court. 

1 Like

Dr. J C Vashista (Advocate )     08 June 2023

The statement of witness (your mother) cannot be changed by anyone, be clear.

However, it will have least affect in the merit of case, if she has stated that she has signed the cheque whereas she has received the cheque duly signed by tenant.

It is advisable witness to think before s/he speaks.

1 Like

Anwar Jamal   08 June 2023

Very true, she saw court first time and by questions got confused. Thank you experts

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 June 2023

Lawyers often try to confuse the witnesses during cross-examination. In the particular case your mother saying that she signed the cheque is an obvious wrong statement under confusion having no relevence to the case. The case is there before the court because the tenant signed the cheque and so far it has not been refuted.

Sudhir Kumar, Advocate (Advocate)     20 September 2023

a better view can be formed only by seeing papers.

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