Evidence before charge
Manoj Deka
(Querist) 15 August 2012
This query is : Resolved
Dear learned member, Please Inform whether one can submit his written submission in his Defense as follows on the day of Evidence Before Charge. Please Guide.
IN THE COURT OF SRI XXXXX AT YYY
CASE No. 123C/07
IN THE MATTER OF:
Sri X ...……COMPLAINANT
VERSUS
Sri Y …….ACCUSED
MOST RESPECTFULLY- I pray the Hon’ able court to decide the matter in view of the following factual matter as the matter is listing for today for Evidence Before Charge.
1. That the complainant never ever submitted any accounts to the accused. Showing the expenditure they arrived at on which I can rely on. Even in within the documents the complainant submitted to the court I have not seen any type of accounts to establish their claim.
2. That the complainants choose to file criminal charges directly without claiming any dues from the accused (if any). Even not a single letter I ever received in support of their claim. (Complainant’s claim sending of messenger is false)
3. That it is my right not to pay just for merrily claiming of an absurd amount without valid account.
4. That the complainant said that they supplied materials but I never ever received any materials and no claiming and supporting evidence they have ever send to me nor submitted in the court.
5. That the complainant stated that financially I was weak is false, two solvency certificate one form the U Co Bank XYZ Branch for rupees ten lakh in the year 2004, and another from the State Bank of India XYZ branch for Rupees One Crore in the year 2006 was issued showing my financial capacity.
6. That actually the intention of the complainants was to cheat me they sent a letter to the state bank of India stating that ABC Enterprise is no more exist and instructed the Bank to recover the loan amount from my ongoing work at MMM. The matter came to light while I received a letter from the SBI XYZ Branch. The whole thing was contrary to our DEED OF AGREEMENT (Copy of letter Annexed here to as Annexure A & B).
7. That the claiming of inducement for the Power of Attorney to get allotment of works is false, what is the use of Power of Attorney of someone else for my own work, it was agreed even much earlier at the time of DEED OF AGREEMENT.
PRAYER: -
It is, hence, most respectfully prayed not to charge the matter U/S 409.
ACCUSED
Thanking you in anticipation
Devajyoti Barman
(Expert) 15 August 2012
There is no provision for submitting written defence in criminal cases.
Wait your turn till you get the chance to cross examine the witnesses.
Manoj Deka
(Querist) 16 August 2012
Thank you Sir for your valuable suggestion.
Nadeem Qureshi
(Expert) 16 August 2012
Dear MANOJ
If the accused has strong and documentory evidence then he can file the discharge application before trial court u/s 245 of cr.PC
245. When accused shall be discharged.
(1) If, upon taking all evidence referred to in section 244 the Magistrate considers, for reasons to be recorded that the case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.
(2) Nothing, in this section shall be deemed to prevent a Magistrate from discharging he accused at any previous stage of the case if, for reasons to be recorded Magistrate, he considers the charge to be groundless.
STATE AMENDMENT
WEST BENGAL:
In section 245, after sub-section (2), the following sub-section shall be inserted, namely:-
"(3) lf the eviderice referred to in section 244 are not produced in support of the prosecution within four years from the date of appearance of the aecused, the Magistrate shall discharge the accussed unless the prosecution satisfies the Magistrate that upon the evidence already produced and for special reasons there is ground for presuming that it shall be in the interest of justice to discharge the aceused."
Feel free to Call
Manoj Deka
(Querist) 17 August 2012
Dear Nadeem Sir your suggestion will worth me out thanks Sir.
Manoj Deka
(Querist) 18 August 2012
Respected Expert
Can we claim dismissal of the case under section 69 of Indian partnership Act 1932 since we are not registered under the Firm Registration rule.
Please throw light.
V R SHROFF
(Expert) 29 September 2013
Partnership / unregistered / so no civil suit.
But for Criminal, it don't make any diff. reg or not.
