LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raju (Senior Executive)     27 January 2015

Witness list by accused

respectd sir,

 

i am accused, i filled two applications one under s.91 crpc asking complanant to bring deposit slip of the cheque and second for banks under s.311 for proof of some payment. the court dismissd my application saying i did not file the witness list. my question is : is it necessary for accusd to file the witness list.pl help give some case citation.



Learning

 7 Replies

adv.raghavan (Advocate,9444674980)     28 January 2015

what is the stage of your case?

Raju (Senior Executive)     28 January 2015

it is defense evidance, now last opportunity for remaining evidance...my counsel tell me no need for witness list for accussd, must for complanant but not for accussd still court dismissd the applications...is  the court right ? pl help..

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     28 January 2015

First of all your advocate is wrong, court order is secondary.

 

If you had doubts about bank slips the same should   have been taken in cross and the slips should  not  have been allowed to be exhibited.

 

In fact the court has done a great favor to you since if  bank slips are produced on your application it is will be evidence against you and  sufficient for conviction.

 

Even at this late stage get  assistance  an expert advocate who had actually won any cheque case.

You can recall the complainant for cross on bank slips provided you have very very expert advocate to cross to prove the slips wrong.

 

You can go in revision of recall is not allowed where you can get order for recall.

Raju (Senior Executive)     28 January 2015

sir, my defense was that he misused and filled up the blank cheque, he denied in cross that he filled up the cheque.

later on (after the cross) we found out that the deposit slip which is filled up with cheque by payee has the same hand writting as that on cheque, so we applied to the court for taking them on record. kindly advise how this can go against me. it is not dishonor slip, it is the slip which we give to bank along with cheque

adv.raghavan (Advocate,9444674980)     28 January 2015

According to me this evidence of  Bank challan, wont make much difference. If you feel he had filled up the cheque  and now he is denying it, you can insist for expert opinion on the same. If you feel he had misused the cheque, and you have not received any consideration from the complainant, the onus falls on him to prove the same.

aarjun vhajage (Lawyer)     02 February 2015

YOU CAN RECALL COMPLAINANT. IF BANK SLIP IS EXHIBITED, I THINK YOU CANT CHALLEGE IT NOW.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     05 February 2015

Our associate advocates have won a bunch of cases in GUJRAT. FOR  cheque bounce for accused.

 

A money lender had put multiple cases at various   remote towns in Gujrat  using blank signed cheques which he had taken while giving hand cash loans.

 

We had been fighting the cases at lower court level by taking objection first prior to cross for each and every document of the complainant and every time the application was rejected and we weni to revision to HIGHER COURTS. Every time on some condition or other we got orders for re hearing of our applications prior to cross.

 

Meanwhile the JURISDICTION order of SUMPREME COURT came. Again there was problem  again at lower court whether stage of 145 - 2 had come or not.

 

Ultimately all the cases were handed over to the complainant. for filing at proper court.

 

We kept our follow up at new court since it was only one which was at the place of drawee bank.

 

AND NEW COURT DID NOT ACCEPT THE COMPLAINTS SINCE OUR APPLICATIONs  FOR VARIOUS OBJECTIONS WERE ON RECORD AND NEW COURT DIRECTED TO FIRST  COMPLY WITH THE OBJECTIONS THAN RESUBMIT WHICH WAS JUST NOT POSSIBLE AND   HENCE ALL MATTERS BECAME TIME BARRED .


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register