138 ni act
Manoj Kumar Jain
(Querist) 20 August 2012
This query is : Resolved
Cheque was given by respondent to me without infront of any witness. When cheque was given nobody is present accept me and respondent. Now cheque dishonoured due to insufficient fund. Serve notice, no reply by respondent. Serve summon no appearence in court and now further BW issued. Now respondent said to me I will fabrcate fake witness in court. Now my question is that
(1) What is the role of witness in my this case. No body is present at the time given of cheque.
(2) Can court accept any GAWAHI created by respondent and his rented or hire witness.
ajay sethi
(Expert) 20 August 2012
you must be having documentary evidence . you have to show that there is debt due and payable . that cheque was issued in discharge of debt due and payable .
if you satisfy the requirements of section 138 NI you will win the case . you dont need witnessses to remain present at time of handing of cheque .
if accused brings out hired witness in cross by your lawyer he will cut a sorry figure
Yogesh Anand
(Expert) 20 August 2012
Please improve you english.
There is no requirement of presence of witness at the time of delivery of cheque.
Court will ensure presence of accused by execution of NBW at next stage.
Hired witness can be cross examined effectively by experienced advocate in court, to nail his lies.
