138 NIA
Querist :
Anonymous
(Querist) 05 February 2011
This query is : Resolved
In a case filed u/s 138 NIA for chq bounced in July 2010, the bank return memo exhibited by bank was dated July 2008. It was confronted during cross examination. On next date during continuation of cross the bank produces another memo with rectified date as July 2010, while in its cross bank had already stated that chq was presented only once and then the case was filed (since cheque also belonged from the same bank and branch so probably they reprinted new return memo and therefore there would also be no records of sending cheque in clearing at the time of making the case u/s 138). The Court is also happy to accept and ready to take on records the new memo. There was no application from either side or any order from the Court to the bank to produce another memo in lieu of exhibited memo.
Question
1) Can at this stage Court without any application from either of the parties and without any orders from the Court till date accept a new document from the complainant at the stage of cross, with no such directions to produce it ?
2) if no, pl let us know some citation / section on this point which bars so.
3) is the interest of accused not harmed when new document is presented by complainant bank to cover its mistake / lacune, since on the basis of return memo dated July 2008 the case does not fall u/ 138 in 2010.
Pl guide how can bank be stopped to file a fresh memo at this stage of trial.
Ajay Bansal
(Expert) 06 February 2011
As the court has already allowed to place on record the memo of 2010,then now the said memo of 2010 has become part of case and same will be considered.
Querist :
Anonymous
(Querist) 06 February 2011
Respected Sir,
There is no formal order from the Court regarding filing / acceptance of new memo.
I had opposed on grounds that my counsel not there today so should not be filed in his absence, the complainant took back from Court and said he would file on next date now.
