138 of ni act and 45 of evidence act.
Suresh Babu Rai
(Querist) 15 December 2015
This query is : Resolved
Dear Experts!
I have filed a complaint for the offences U/Sec. 138 R/w. 142 of NI Act against the sole accused. The accused pleaded not guilty and during the course of my cross examination has shown me a non-judicial stamp paper wherein it is mentioned that the cheque was obtained towards security and I will not deposit the same until one year. I have denied the contents of the said NJS paper and also denied my signatures thereto. The defense counsel did not confront the same to me and also failed to mark the said document. The matter is adjourned for defense evidence. I am reputing that the said NJS stamp paper not marked or not confronted to me, but got filed through a memo.
The accused without entering into witness box has filed a petition U/Sec. 45 of Evidence Act praying the Hon’ble Court to send the non-judicial stamp paper, dated 23.07.2012 to the experts to compare my signature. My query is that whether a document without marking the same or without confronting to me can be sent to an expert U/Sec. 45 of Evidence Act. Whether the court will entertain such application.
Thanking You,
Guest
(Expert) 15 December 2015
Obviously to get a document admitted its veracity has to be determined. The case hinges on genuineness of the document and in what circumstance or for what purpose it was made.The opposite party is either too confident that this paper belongs to you or he is playing over smart to buy time and defer case for 2-3 years. Do you have lawyer engaged. if yes, consult on this. Opposite party has all the right to get this document which you deny vetted by forensic expert and use it in defense.
P. Venu
(Expert) 16 December 2015
What is the truth of the matter? Had you given such undertaking?
Suresh Babu Rai
(Querist) 16 December 2015
No Sir! I have not given any undertaking, it is a created one. On the face of NJS Stamp paper it was purchased much earlier to its execution and purchased at registrar office of some other place. My signature is forged. The accused clearly admitted the giving of cheque to me but produced the said NJS stamp paper.
Firstly the defense counsel shown me the said NJS stamp paper asking me the contents. My counsel raised objection that without bringing the same before the court with a memo, one cannot ask me such questions. Then the court supported my counsel and asked to file the NJS stamp paper in to the court with a Memo. The defense counsel served a copy of notice to my counsel and filed the same before the court. My question is that, the defense counsel is not confronted the said NJS paper or not marked the same on his behalf. How come the document will have legal sanctity.
Guest
(Expert) 16 December 2015
You deny the document and its signatures and move court for sending it to forensic examination u/s 45 of Evidence act.This is very serious matter and it is clear cut case of forgery and using false document in court
This person is doing all this to escape payment of cheque by hook or crook.
K.S.Srinivas
(Expert) 17 December 2015
I go with Expert Dr.Rajdenda K Gupta.
Advocate. Arunagiri
(Expert) 17 December 2015
During the cross examination, the defense counsel can mark any document with the leave of the court.
If the document is forged, you can initiate for a forensic lab test.
Just because it is adduced as a evidence, the forged document will not gave its value.
