Rohit Sharma 10 December 2023

138 ni act

Hi,

In 2018 i had taken a loan from a friend for 1 lac rupees. Due to Covid I lost my job and was unable to return 75000 of 1 lac to my friend. I had given a blank cheque as surety.

In 2021 he filed a 138 NI Act charge against me for 2,30,000 after bouncing my cheque.

The writing on the cheque is not mine. Only the signature is mine. My friend has fabricated the story in the charge against me and I have recorded call evidence to prove my point that the case filed is fabricated.

My next hearing is on Jan 23, 2023. On that day I want to submit Evidence u/s 65B and also deposit the entire 230,000 to court but I want the proceedings to continue.

I would like to request the MM to grant me exemption from attendance as I am unwell and unable to travel to Mumbai on every date from Delhi.

I want to know if exemption can be granted.

And if the court will accept to continue proceedings if i deposit entire fabricated amount of court. (I won't compromise because I have evidence of fabrication).

I need the judge to listen to the recording which is between me and my friend with a duration of 7 mins.

I have a lawyer but she is dragging the case. Please suggest and if there is any lawyer from Mumbai, please drop your number.

Thanks

Arjun

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 10 December 2023

The audio recording evidence with you is secondary evidence.

First of all allow the case to be prosecuted by the complainant.

He has to depose evidence, you have to cross examine him through your lawyer.

During cross examinations you can extract the contradictions and try to put pressure on him at that time.

If you are depositng the entire cheque amount before court then what are you going to contest anymore.

The evidence in your possession can be ltet in at the time of examining you as defence witness and not before that.

You better be in regular contact with your avocate on all such further issues.

Dr. J C Vashista (Advocate ) 11 December 2023

Your physical presence can be exempted through your lawyer on an application u/s 205 CrPC.

Your evidence shall be recorded after your statement u/s 313 CrPC after prosecution evidence, which your lawyer has to manage.

Since you have admitted your liability (by identifying your signature on the dishonoured cheque) you cannot escape prosecution and punishment u/s 138 NI Act, 1881, if you want to continue proceedings even after payment of cheque amount.