Dea All
Greetings
When a case filed by a person under 138NI Act the oper person will be mentioned as Accused in the Papers which are submitted before the court.
How far it is correct that he is accused until and unless it is proved. where we are going in law. without proof we are making them accused in the society. is the law supporting people who just claiming by written words?
example : a person(B) issues a blank cheque to A to obtain a sum of amount the A filled the cheque and files a case unde 138NI Act. Now Cheque goes for handwriting experts opinion and got a report stating that the scribes on cheque except signature does not belongs to B basing on this if case dismissed also is B become accused till the Complainant (A) treated as guilty and declared as accused. Why the courts dont go into this situation except accepting the complainant plea.
This issue giving undue advantage to Complainant.
Please express your opinions on this issue to submit before the Apex court to modify the rules of the NI Act.
