Can reply is permissible to be filed in 138 matter
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 10 September 2014
This query is : Resolved
Sir i hv been served with the summons in 138 NIAct.so my query is that whether i can file reply to 138 complaint filed agianst me as like Filing reply in DV Act or i hv to proceed directly with cheif n cross as hw we do in criminal cases.
Dr J C Vashista
(Expert) 11 September 2014
1. Please stop SMS language.
2. Vague and academic query.
3. You are mixing up two different queries, which one do you want to be advised by expert.
Advocate. Arunagiri
(Expert) 11 September 2014
This author knows all the procedures of DV act, chief and cross , except that of reply for "permissable or not in 138 case".
ajay sethi
(Expert) 11 September 2014
you must have replied to legal notice before filing the complaint . denied all allegations made in legal notice . no need to file any reply
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 11 September 2014
Sir my question is very simple whether reply is permissilble 2 b filed in 138 matter or not. Case is already been filed against me n recently summons is been served on me. Plz reply me.sir. i m not asking in sms language
Dr J C Vashista
(Expert) 11 September 2014
You have to seek bail in the case filed against you and apply for defence (u/s 145 (2)NI Act) and cross-examination of complainant and ask for further proceeding in terms of provisions of law.
No reply to be filed in criminal procedure.
P. Venu
(Expert) 11 September 2014
In a criminal proceeding, it is for the complainant to prove his case beyond reasonable doubt.
Hence there is no need for any pleading on the part of the accused.
Anirudh
(Expert) 11 September 2014
In Crl. M.C. No. 1996/2010 RAJESH AGARWAL Vs. STATE & ANR. (decided on 28.7.2010), the Delhi High Court has inter-alia held as under:
"This plea as to why he should not be tried under section 138 is to be raised by the accused before the Court of MM under section 251 & under section 263 (g) of Cr. P.C. Along with his plea he can file necessary documents and also make an application, if he is so advised, under Section 145(2) of N.I. Act to recall the complainant to cross-examine him on his plea of defence. However, only after disclosing his plea of defence he can make an application that the case should not be tried summarily but as a summon trial case. This application must disclose the defence of the accused and the reasons why he wants the case to be tried as a summon trial."
Raj Kumar Makkad
(Expert) 11 September 2014
The accused is not permitted to file his reply in the complaint under section 138 NI Act.
Raj Kumar Makkad
(Expert) 11 September 2014
The issue raised by Anirudh is not applicable in the present query as it has no relevance at all.
Anirudh
(Expert) 12 September 2014
The Delhi HC decision is precisely on this point. I do not know on what basis Mr. Makkar says that it has no application. Any way, that is his view. He has every right to hold it.
Raj Kumar Makkad
(Expert) 13 September 2014
My reason for disagreement is based upon the fact that ld. Anirudh has cited the issue of re-examination of the witness and the right of the accused to move application seeking treatment of the summary trial into summary case whereas the querist is interested to know a simple reply of his question whether an accused under section 138 NI Act has a right to file his written reply against the complaint or not.
T. Kalaiselvan, Advocate
(Expert) 17 September 2014
I agree with the views of expert Mr. Makkad that there is no need for the accused to file a reply nor there is any provision under this law to file a reply even before the trial begins.
