attestation on chief affidavit in 138 Of N I act case
sanjay kumar patibandla
(Querist) 21 February 2009
This query is : Resolved
One gentle man filed a case under 138 of NI act. When it was come for trail he filed his chief affidavit before the court. After that he came to witness box and the defense council cross examined him. Entire trail completed.
At the time of arguments the defense council raised a point that the chief affidavit was not attested by any person hence the evidence of the complainant can not be taken into consideration. So the accused must be acquitted.
Is it correct as per oath act or general clauses act. Please let me know.
PALNITKAR V.V.
(Expert) 21 February 2009
What is the problem. It is good that the trial didnt linger. No attestation is compulsory by law.
Adv.Shine Thomas
(Expert) 22 February 2009
According to sec.145(1) of NI Act the complainant can give his evidence by way of an affidavit and the same may be attached with the complaint and if the accused wants to contradict the contents of the affidavit the complainant may be called for examination.Then such a problem will not be arised.
Srinivas.B.S.S.T
(Expert) 22 February 2009
An affidavit should compulsorily be attested. The attesting officer has to confirm that the deponent of the affidavit has signed before him.
But when the witness comes into the witness box as the judge will elicit from the witness that the signature on the affidavit belongs to him and he is fully conversant with the facts mentioned in the affidavit and also that the defense counsel has cross-examined him with respect to the facts mentioned in the affidavit. In such circumstances the counsel for the accused cannot take such plea.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 23 February 2009
Respected Palnitkar Sir,Is there any judgement in support of ur averments?
If yes, then plz. tell me.
sanjay kumar patibandla
(Querist) 25 February 2009
here the magistrate is also in negative mood and saying that the evidence is not valid and asking to produce some material to show that the evidence of the complainant is valid.
Please try to go through 1977-AIR SC page 407 or 1977 SCC part 1 page 102. And know me some case laws
adv. rajeev ( rajoo )
(Expert) 17 April 2009
It is not mandatory to attested an affidiavit, it is sworn before the oath commissioner or sherestedar of the Court. So what is the necessity of attesting the chief.
Sachin Bhatia
(Expert) 04 October 2009
An affidavit should compulsorily be attested. The attesting officer has to confirm that the deponent of the affidavit has signed before him.
Sarvesh Kumar Sharma Advocate
(Expert) 04 October 2009
if doc. is not chellanged on the time of cross examin it means o.p.has been admitid that authentity of that doc. on the time of cross ex. so at final stage attested the affidiavit is immetirial.
