N i act evidance relatated
jai Prakash Joshi
(Querist) 07 July 2012
This query is : Resolved
Res Sir,
accused hand over the property to compliant after present compliant before court but not pay chaque amount till date so compliant make objection.
on the hearing in court accused cross the compliant and show to court that accused return the property to compliant then Compliant make strongly objection that ground " property handover to compliant after present compliant without NOC from Compliant So, Not admissible in evidence". but court ignore the objection .
So, Plz advise me :-
1- In which ground and Legal authority and section of CRPC/Evidence act present application before court for make objection that caused after present compliant not admissible in evidence act.
Thanks & Warm Regard
J P Joshi
ajay sethi
(Expert) 07 July 2012
what are detailed facts of your case?
if property has been handed over to complainant which is subject matter of dispute after filing of cheque bouncing case then there is no debt due and pyable .
please clarify
SAINATH DEVALLA
(Expert) 07 July 2012
Mr.Joshi,
you could not express your query properly.You are abit confused,kindly eloborate properly.
jai Prakash Joshi
(Querist) 09 July 2012
Respected sir,
Thanks & Warm Regard's For Interest and good reply to me so before thanks.
Now Detail Facts is ........
1- Accused take a loan from me for purchased Vehicle or decide to repayment in installment and also made Loan Agreement.
2- On due of installment accused given me chaque for part payment of loan.
3- but chaque bounced for I/F in a/c. then File compliant.
4- After present compliant u/s 138 N I Act accused back return vehicle to compliant without tacking permission from compliant.
5- then compliant given notice to accused for re passion of vehicle with in 15 days but accused not geting possion then complitant sale out the vehicle .
6- on hearing compliant evidence on chief complete then cross accused advocate asked question.
7- then i streckly objecation after caused present complitant so witness not bound given to answer.
so plz guide me in which sec of evi act and crpc to taking objecation for not bound given me answer.
thanks
ajay sethi
(Expert) 10 July 2012
what is amount involved in cheque bouncing? how much did you recover on selling the vehicle?
V R SHROFF
(Expert) 10 July 2012
u r complicating the issue.
Either u gave loan / or vehicle.
certainly not both
what is ur agreement??
Only fight 138 showing personal loan , nothing more.
[except his purpose was vehicle purchase, & u r not concerned with it]
SAINATH DEVALLA
(Expert) 10 July 2012
Mr.Joshi,
res sir,
Plz advise me.
warm regard's,
all these are ok,but even now you have not expressed your problem in the right manner.
ashutosh mishra
(Expert) 10 July 2012
Unless you post the contents of your loan agreement with the debtor none of us would be able to guide you properly.
have you not engaged any lawyer for your on going case in which you are being cross examined?????
