Evidance by complainant
rajan chopra
(Querist) 19 December 2015
This query is : Resolved
Sir a complaint u/s 138 of NI Act is filed by me and is at the stage of complainant's evidance,and on the date of hearing we requested the court to adjourn the hearing as the documents which we want to produce in our evidence could not be available and on next date we will conclude our evidence and in response the Judge ruled that last and final opportunity is granted to conclude the entire evidence.But I have not obtained the required documents yet to produce the same in court.Is there any remedy in law by which I may seek some more time from court to conclude my evidence as documents are relevant for the purpose of proving my case against the accused ?
Dr J C Vashista
(Expert) 20 December 2015
Dear Rajan Chopra,
In a complaint case u/s 138 NI Act, what additional documents would you like to produce in your post-summoning evidence which were left over in pre-summoning stage?
Or the accused is yet to be summoned?
SAINATH DEVALLA
(Expert) 20 December 2015
A case u/s 138 Ni Act is filed with 2 evidences the dishonoured cheque and a duly witnessed promissory note(if it exists),what are the further evidences U incline to produce.U are not clear in expressing UR query.
Advocate. Arunagiri
(Expert) 20 December 2015
In a cheque bounce case, you have to file the statutory documents at the time of filing itself.
Any other additional documents you can file it during the trial.
P. Venu
(Expert) 20 December 2015
What are the additional documents you seek to produce?
rajan chopra
(Querist) 20 December 2015
Sir I want to produce the copy of application for stop payment instructions filed by accused to his banker and which is not provided to me by his banker on filing RTI application by me and I am trying to get that copy of application and to produce in the court in order to establish that stop payment instructions were given with malafide intention to usurp the money of complainant and there was not sufficient balance in the account on the day when the cheque was presented for collection.
alexander
(Expert) 20 December 2015
What are these documents. Who is to supply it to you?. What effective action have you taken to procure these. Apprise the Court about your efforts albeit failed ones till the date of hearing. You may consider calling the party through the Court as your witness.
Rajendra K Goyal
(Expert) 20 December 2015
Possibility is less however, you may try for further date, court may or may not give.
R.K Nanda
(Expert) 20 December 2015
nothing to add more.