Evidence from another case
Abhishek R
(Querist) 27 February 2018
This query is : Open
Sir,
A dispute between the u/signed and the one whose business we purchased. We have issued 2 cheques from our Savings Bank account before forming of the Company. Later we paid him from Company's current account from another bank. And one chq of Savings bank account was lying with him. So far so good.
Later there was dispute among us. He took illegal possession of the premises. I have filed police complaint. Under pressure, he put stamp (which was in his possession when took illegal possession) on the earlier cheque, which was lying with him and submitted to the Bank. Savings account cheque with Company's stamp has no relevance. But dumb bank clerks returned it as account closed. He filed case u/s 138 of NI act.
When he submitted a photocopy to the police stating i have owed him money and also offered us compromise formula that we withdraw police complaint and he will take 138 case back. After seeing photocopy of the chq, we realized it is fraud and we filed a case. Hon Court ordered enquiry. We also contested 138, which was eventually dismissed as he left the cross exam in between.
Now our forgery case is in progress. He took anticipatory bail for and in his application for bail, he admitted that the chq does not bear seal. Because we have submitted true copies of the earlier chqs from the same series given to him before formation of the company, through police.
As per our request, Hon Court asked for 138 case papers which are lying on his table along with forgery case.
During the argument before framing of charges, we referred to his cross from 138, where he commits that one of the signatory is NOT A DIRECTOR. But Court asked to show law whether he can use evidence of one case for another case.
The fact is the subject matter of both the cases is the same cheque. The parties are also the same.
1. Sir, will you help us to site some case law for using evidence of one case to another. The evidence is his answers under oath in front of JMFC.
Thanking You. Regards.
Abhishek R
(Querist) 03 March 2018
I am awaiting advice from learned community. Please help.
Thanks and Regards.
