Complaint u/s 138 ni act
ksvrajuadv
(Querist) 20 November 2012
This query is : Resolved
Complainant filed compliant u/s 138 NI Act aganist my client & cheque amount is Rs 1,50,000/ Complainant is sub staff( 4 class emplyee) at Cooperative Bank,he also filed other complaints where two are traced by us,but I doubt he filed more than these three complaintds including our.In other complaints, cheque amount is Rs 1,50,000/ & Rs 5,85,000/ these complaints filed to different persons.And in every cheque body of chque written almost same handwritting & after amount = written e.g Rs 1,50,000= complainat also suspended in his service due to fake sign in cheque but he denied this fact in cross.In other cases cross did not done but in our case in cross he said that he only gave loan to my client & not given to any persons,he stated that he do not know if he filed any case or not,it is matter of knowldge of his counsel.he stated that he is earing Rs 30,000 per month,besides this his father is pension holder,complaintant also not paying any tax,in cross he stated that this amount was lying in his house.Now case is on defence evidence & my query is that how can I trace other files officially,is there any provision that court order to complainant to disclose this fact ? What evidence we can bring in the court for our defence ?what is fate of the case according to facts of the case? Plz reply soon.
thanks in advance
ajay sethi
(Expert) 20 November 2012
you ought to have in cross asked the complainant whether he has filed any other complaint of cheque bouncing ?
whether he has in his Income tax retruns disclosed fact that he has given laon of rs 1,50,000 to accused?
it is necessary to go through the complaint , evidence led by complainant , cross done by accused to advise
