138 of N.I.Act

santosh (Querist) 28 December 2010 This query is : Resolved
Dear expert ,
goods were supplied for amount of Rs. 50,00,000/- (fifty thousand) accused paid from time to time 45,00,000/- in cheque but his nine cheque amounting to Rs. 5,00,000/- were bounced, (stopped payment by the drawer) now the examination of P.W. No. 1 is over, P.W. No. 2 (the broker is over) the broker evidenced that the goods were delivered and sold through him to the accused. And he has noted in his brokage receipt the trucks nos. and the name of the transporter through whom the said goods were delivered. After when we called P.W. No. 3 the transporter he turn hostile, we asked him whether he knows the accused he denied by name, when we shows the same accused in the court he identify him, he evidenced that the said original register is not traceable in his office ( from the period between 25.02.2010 to 06.06. 2010, the period the goods were send to the accused) the also admitted that there is no due (transport charge) between the period 25.02.2010 to 06.06.2010 of the accused ) the transporter also admitted that there was no such complaint by his drivers that the goods between 25.02.2010 to 06.06.2010 were not delivered to the parties. However originals records are with (p. w. no. 4 ) who has recorded the trucks nos. weight of goods , and the period between the goods were loaded into the transporter trucks. The defense advocate decline to cross. till now it is not a case of the defence that the cheque was given for security purpose, whether the cheque has been stolen

Pl. guide me how the evidenced given by the transporter will affect my case.

Follow Query

Report Abuse