Quash of nia 138

Dear Mr Suraj,

Mr Sainath has very politely told you about the sorry state of affairs. You will come to know that most of the so called senior lawyers do not even study the case before proceeding on date. There is a vast amount of deliberate incompetence in our judicial system.  Dates & Fee that is the language lawyers know.

Dear Respected Members,

I really appreciate of your encouragement, I have gone through the entire case after your suggestions and find out that Priya and Harish both were in love but Priya’s family was not ready for the marriage, but both of them applied for special marriage u/s 5 register marriage. and the same day Priya’s family bit Harish threatened not to present for the marriage, and Harish made an FIR in police station, taking help of a local advocate, Harish mentioned in the FIR that the said cheque has been taken from him forcefully, he has mentioned everything about the cheque except cheque no, and the case is still investigation stage (due to Priya’s political hand, and also police threatening Harish to withdraw the case else he will be trouble.)

There was no such legal liabilities stand, Harish bank account says he has paid more than one lakh to Priya between their relationship and he has also paid some amount for priya’s education fees through his personal bank account  by cheque except that one lakh.

Where Priya stated that she doesn’t know anything about Harish before SDJM in her 1^st cross examination, then how can she deposited this much amount  Rs.50000/- to Harish account.

Her claim is totally false, she has no deposit slip and there is no legal outstanding, the cheque she miss utilized   that was forcefully taken by their family. Even after 138 cases initiated Priya use to send e-mail, photo and letters to Harish and provoking him to marry her.

Harish has all evidence about their relationship, like joint photographs, bank account transfer, love letters marriage application receipt and some eye wetness etc.

Now Harish want to close the case as soon as possible, due to his travelling expenses from Delhi to Pune, but my seniors say’s they will take date till not  Hon’ble High Court stop granting one more date. Then they will go for hearing.

Yes SAINATH DEVALLA sir this is a live example fit to your little story for me as a beginner.

Dear Mr. Suraj,

        My intentioin was not to hurt anybody.I was also in your position when I was a junior.Those days we had to work as servants for our seniors.But that gave us enough experience to establish ourswelves independently. Well,after going through your continuation yesterday,Harish has a strong case to defend.Have you gathered the emails,photos and letters.They would be of use.You have to go as per the directions of your seniors.They would be having something in mind.

Yes Sir,

Don’t take my expressions in wrong way, yes I’m very much aggressive and I know that is not good for my professional life, but sir, why we are not dealing in such a manner that people can respect us as like other professionals, I respect my profession very much sir, even I’m planning for PhD in Criminal law and also like to go and study in USA for PhD.

I have gathered all those documents and some hotel bills, where they use to stay in their relationship time, waiting the next date of Hon’ble High Court, the most important document  is Harish Bank statement and it is shows that he has paid a good amount to Priya’s account, and some very intimate photo graphs along with the sub register marriage application receipt, I think these documents may help Harish to prove that they were in a relationship because Priya denied that she don’t know anything about Harish, and she also said  no Deposit slip of that amount which she deposit into Harish account.

One more thing sir, as Harish saying Priya had called him from Kolkata (STD booth)(Lon g time back) and said she wants to see him at jail, and she also said that they will say to court that Harish & hi’s family demanded dowry from Priya’s family, that’s way they have stop the marriage, which is not true,

Do you think this may harm to Harish and his side, there is no comment from my seniors. 

I hope everything will be in favor of Harish,

Once again sir thanks

Regards

Suraj

This is your story only but you have to prove it in court. So just do not blame others.

Examples - Hotel bills and stay  : you have to call the records and persons from the hotel to prove.

 STD calls- you have to call the booth owner and have to prove the same person made calls.

And for all that you have to pay expanses which are not cheap.

Anything you try to fix will take longer and cost you more than you thought.

Thank you very much sir, but I’m not blaming anyone, I have expressed my view according to the evidence i have received from Harish.

It’s ok sir, that Hotel and STD call my matter and not to be considered and it will cost him more if it got consider, but what about that amount which Harish has transferred to Priya’s account several time, what about that letters and photo graphs,

As per my knowledge sir, there is no legal liabilities stands against Harish, as per Priya demand Notice the amount she deposited for Harish personal need and before SDJM she said amount deposited for supply of Laptop and again she said Harish is not engaged in any kind of Laptop business, and her demand notice say the cheque is handed over at Pune to her and she also said the cheque had given to her at Mumbai while her 1st cross-examination,

According to U/s 200 of CRPC A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:

 Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-

 (a) If a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or

 (b) If the Magistrate makes over the case for inquiry, or trial to another Magistrate under section 192:

 Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.

Don’t you think sir, magistrate wrongfully took the cognizance in basis of an affidavit.

 don’t you think sir, these aspects are in contradiction. this could be used as evidence?

 One more thing sir,

Can court decide that Harish was liable for the payment, without any bill any documentary liabilities evidence?

There is no such agreement between them regarding and also Priya don’t have the bank deposit slip. And also a case is already been registered against them in Mumbai and police investigation is going on before the 138 case.

-- First of all stop this habit of character assisination of opposing party. And promise yourslef that in future also you willnot do the same, unless and otherwise you are required to prove the character of other person, which is not the matter in this case.

-- If you are not satisfied with your seniors, then please get out of them, do not keep on spoiling the word seniors.

-- Can court decide that Harish was liable for the payment, without any bill any documentary liabilities evidence?

Understand S.138 of the NI Act with S.139, the presumption is that the legal liability was present thats why cheque was issued.

Till the time you do not create doubt about the stated liability, complainant need not prove anything under this Act.