138 ni act accused defence
Querist :
Anonymous
(Querist) 17 December 2011
This query is : Resolved
1.I AM ACCUSED IN 138 NI ACT CASE.
2.THE STAGE OF THE CASE IS DEFENCE EVIDENCE.
3.I HAVE FILED MY LIST OF WITNESS WHICH GOES AS FOLLOWS:
a.)MY BANK WITH ACCOUNT STATEMENT
b.)COMPLAINT BANK WITH ACCOUNT STATEMENT
c.)INCOME TAX DEPT WITH ITR OF COMPLAINT
d.)EXCISE DEPT WITH RECORD OF COMPLAINT AS HE HAS RAISED BILL WITHOUT PAYING EXCISE DUTY AND COMPLAINT CLAIM THAT THERE WAS NO EXCISE DUTY AT THAT TIME.
e.)POST OFFICE.
f.)ROC dept with form 18 to prove that registered office of my company.AS I HAVE NOT RECIEVED THE NOTICE AND ADDRESS MENTIONED IN NOTICE IS WRONG.
G.)HAND WRITTING EXPERT AS BODY OF THE CHQ IS NOT FILED BY US.BLANK SIGNED CHQ WERE GIVEN FOR SECURITY PURPOSE.
H.)ANY OTHER WITNESS WITH PERMISION OF COURT.
COMPLAINT LAWYER OBJECTED THE LIST OF WITNESS ON THE GROUND THAT THIS WITNESS ARE NOT RELEVENCE TO 138 NI ACT AND IS JUST TO DELAY THE PROCEDING OF LOWER COURT.
HON'BLE COURT WITHOUT APPLYING THE JUDICIAL MIND DISMISSED MY LIST OF WITNESS AND ALLOWED ONLY 1 EVIDENCE WHICH IS THE BANK OF COMPLAINANT WITH STATEMENT.
I HAVE FILED REVISION IN HONBLE HIGH COURT COULD SOME BODY HELP ME WITH SOME CITATION OF SUPREME COURT OR HIGH COURT THAT THESE EVIDENCE ARE RELATED TO 138 NI ACT AND I HAVE ARIGHT TO CALL ALL THESE EVIDENCE IN MY DEFENCE AND I HAVE RAISED ALL THESE POINT OF DEFENCE IN 313 CR.PC(STATEMENT OF ACCUSED).THE CASE FOR REVISION IS IN ALLAHBAD HIGH COURT.PLS HELP ME AS THIS IS VERY CRUCIAL STAGE OF CASE AND I HAVE TO PROVE MY INNOCENCE BEFORE THE COURT BY THESE EVIDENCE. I WOULD BE REALLY THANKFUL TO ALL OF YOU.
V R SHROFF
(Expert) 17 December 2011
Accused cannot be denied to produce his evidence / his witnesses especially Hand Writing Expert.
If you had not received Notice , as Address was wrong, your defense of not receiving notice is sufficient for your acquittal
Adv Shroff
17-12-2011
Sankaranarayanan
(Expert) 17 December 2011
What ever u been given as witness asper ur explanation are not sufficient . The view of court is only those evidence is related to the subject or not. First u did mistake that u given signed cheque without filled the amount. Second what purpose u been given it. Third if u given cheque then u keep money in ur account and make pass on it. So what ever whether he mis used or forgery under section 138 NI act ur side is weeker
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 December 2011
Your list of witness even if allowed will not help you , if liability is proved that these are irregularities for which the complainant can be punished for breach of respective law.
Even for notice ROC document will not be of much help if it can be proved that at any time you had activities at the provided address.
there may however be other lapses on the part of complainant in notice or complaint read every word carefully and you may find many other mistakes which may be minor but fatal for the complaint.
Power of defense is immense since it is power of negative. Darkness is perpetual , light has to be sustained.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 December 2011
Pl give details of your listing at Allahabad HC and where is the lower court since I am contesting an interesting and big case at near by BHADOI SKN UP of NI 138 for the accused.
Guest
(Expert) 17 December 2011
I can only say, if you are successful even to get your list of witnesses admitted, you would just be weakening your case, as excise law, IT law, Company law, etc., have no relevance in your case under the NI Act. First of all, such departments being your own witnesses, it would be your concern to ensure production of such witnesses. Secondly, you should not expect any help from any of them just to prove as if there was no liability on your part on account of the cheque issued by you. Third, even if they appear as witnesses on receipt of summons, they can just say, they were not at all concerned with your liability or the claim of the third party in the present case. All these vagaries are sure to weaken your own case.
In your case only the concerned Bank, who has dishonoured the cheque, has the role of a witnesss that too merely to confirm that the cheque was dishonoured and there was shortage of funds in your account. That too may prove the point of the opposit party.
The witnesses being your own, you would not be having any right to cross-examine such witnesses. Rather by producing all such witnesses, you would be weakening your own case. If you think seriously, the judge has helped you in guise by rejecting the witnesses.
Rest depends upon the wisdom of your advocate and youself, if you think that you can have any edge over your opponent by producing such witnesses.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 December 2011
Keep cool, scrutinize the notice, complaint and bank papers very minutely and you will find many faults. I have given complete simple techniques of cross for such cases in forum section which makes easier to win any NI 138 case.
Power of defense is power of negative which is immense. Darkness is negative but it is perpetual , light is positive but you have to make efforts to sustain it
Anirudh
(Expert) 17 December 2011
It is a pity, except saying that there are many technical issues to come out of 138 N.I. cases, and if one is experienced one can definitely come out; fight properly you will come out etc. etc., to my knowledge, so far JSDN has not come out with any concrete and useful replies. Those high flying statements by JSDN are like mother-wood statements which no one can deny generally - but seldom useful to anybody!
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 December 2011
How you expect specific measures without giving details.
I gave a mock trial example in forum section except one learned advocate no body could even understand it .
Shonee Kapoor
(Expert) 17 December 2011
We need more details to give any concrete answer.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 18 December 2011
Discuss something about
1]HAND WRITING EXPERT &
2]ADDRESS
ANO,
Provide Details to Experts to help you.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 December 2011
Yes Mr shonee I need copy of complaint and copy of notice since I maintain that there is importance of every word and every lapse in choosing the words.
Law has limitations since it can not provide for all the possibilities and hence power of defense is immense.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 December 2011
And for Mr Shroff the address lapse has limited value unless there is post office letter that the party does not exist at the address , the usual short postman writting is not sufficient.
Hand writing is wast area and it will depend on the pleading in complaint and notice.
Power of defense is immense. Facts are only door to truth so its appreciation differs from person to person. Truth is never absolute.
ajay sethi
(Expert) 06 February 2012
anonymous queries are not being replied by experts
