U/s 138 ni act
lokesh
(Querist) 06 April 2014
This query is : Resolved
THE DATE/TIME BORROWING FRIENDLY LOAN IS NOT MENTIONED IN LEGAL NOTICE, NOT IN COMPLAINT AND NOT IN EVIDENCE WAY OF AFFIDAVIT. IS IT A GROUND FOR ACCUSED FOR ACQUITTAL. I AM COMPLAINANT. I HAVE SOME RECORDED PHONE CALLS AND MESSAGES OF ACCUSED WHERE HE ADMITTED THAT HE HAD BORROW MONEY FROM ME. CAN I TENDER THEM IN MY WITNESS. I HAVE SOME WITNESS ALSO WHO GIVE THEIR EVIDENCE.
NEED GUIDANCE AND HELP.
THANKS
Advocate Bhartesh goyal
(Expert) 06 April 2014
Yes,you can ask to complainant in cross examination about the date and place where the alleged loan was given.these are serious lacunas which strike at the root of the complaint and accused may be acquited.Please go through the judgment of Supreme Court,crimnal appeal no 2043 of 2013 decided on 5-12-2013.
Advocate. Arunagiri
(Expert) 06 April 2014
The Complainant has to prove that there is a liability and the cheque was issued to discharge that liability. If the Complainant is not able to prove the liability, he can not succeed in the case.
V R SHROFF
(Expert) 06 April 2014
IT IS VERY GOOD DEFENCE..
Nadeem Qureshi
(Expert) 06 April 2014
Criminal appeal no. 2043/2013 will be very useful in your case
Burden of proof - when the complainant not able to say the date when the amount was given.
ajay sethi
(Expert) 06 April 2014
agree with experts
Sudhir Kumar, Advocate
(Expert) 06 April 2014
you can escape 138 with this defence.
But it is not clear if he has merely omitted to mention time and date of loan but :-
Q.has he mentioned the there is a loan?
Q.have you denied instance of loan on the first available opportunity.
Given facts may not indicate that this lapse can help you even in case of 420 or in civil suit.
Signing of cheque is per-se admission of liability.
Guest
(Expert) 06 April 2014
Question relates to money lending. Complainant is liable to produce evidence beyond any doubt. You may cross-examine on these points to establish your stand.
T. Kalaiselvan, Advocate
(Expert) 06 April 2014
I agree with the experts opinion that it is a good defence. this will become fatal to the complainant's case. The burden to properly prove the liability of debt lies on the complainant.
lokesh
(Querist) 08 April 2014
THE DATE/TIME BORROWING FRIENDLY LOAN IS NOT MENTIONED IN LEGAL NOTICE, NOT IN COMPLAINT AND NOT IN THE EVIDENCE WAY OF AFFIDAVIT COMPLAINANT.
I AM COMPLAINANT. WHAT I CAN DO NOW TACKLE THIS SITUATION. WHAT NECESSARY EVIDENCE I HAVE TO TENDER WHICH MAKE MY CASE SOLID AGAIN.
PLEASE TELL ME RESPECTED EXPERTS
THANKS
V R SHROFF
(Expert) 08 April 2014
he is COMPLAINANT:
burden of proof to re-bute of no liability on accused.
lokesh
(Querist) 09 April 2014
THE DATE/TIME BORROWING FRIENDLY LOAN IS NOT MENTIONED IN LEGAL NOTICE, NOT IN COMPLAINT AND NOT IN THE EVIDENCE WAY OF AFFIDAVIT COMPLAINANT.
I AM COMPLAINANT. WHAT I CAN DO NOW TACKLE THIS SITUATION. WHAT NECESSARY EVIDENCE I HAVE TO TENDER WHICH MAKE MY CASE SOLID AGAIN.
PLEASE TELL ME RESPECTED EXPERTS
THANKS
Guest
(Expert) 09 April 2014
For making your case solid, you will have to take personal consultation from some local lawyer by discussing the case in detail, as by mere brief reference of the incidence no proper opinion can be possible to be formed.
lokesh
(Querist) 13 April 2014
I AM COMPLAINANT.THE DATE/TIME BORROWING FRIENDLY LOAN IS NOT MENTIONED IN LEGAL NOTICE, NOT IN COMPLAINT AND NOT IN THE EVIDENCE WAY OF AFFIDAVIT COMPLAINANT.
I HAVE SOME MESSAGES, CALL RECORDING OF ACCUSED. CAN I USE THEM AS AN EVIDENCE IN MY FAVOR TO PROOF ACCUSED LIABILITY.
PLEASE TELL ME RESPECTED EXPERTS
THANKS
Guest
(Expert) 13 April 2014
You can.
