Judge reluctant to take notice of citations and passed judgement agiasnt me
Querist :
Anonymous
(Querist) 21 June 2011
This query is : Resolved
Sir,
I am defending in a 138 case in which facts are:-
(1) My client took loan from PNB bank on 21-10-2002 under PRADHAN MANTRI ROJGAAR YOJNA.
(2) Bank officials were took blank signed cheque book during confirmation of loan.
(3) My client has never given ny installment of said loan due to loss in business and due to remain in jail for another case.
(4) Bank official filled the cheque with total due amount on 25-11-1007
(5) It is clearly a time barred loan. Instead of this bank filed cheque bounce case against my client.
(5) I took plea of time barred loan and gave more then five citations which i gatthered from my learned friends from this forum.
(5) But the judge refuse to accept the citations and convicted my client assuming that my client never replied the dishonour notice and he did not came in witness box to rebut presumption. and didn't even discussed the rullings produced my me. just quoted the same and declined the same.
I become very disappointed and asked the judge why do he declined the citations.
He replied me "WAKIL SAHEB YADI AAPKI CITATIONS KO MENE MAN LIYA HOTA TO BANK KE RUPIYE DOOB JAATE."
However i decided to file an appeal but i want to do somthing more to teach such judge for his mistreatment against upper courts citations.
what should I do????????
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 June 2011
such things happen, go in appeal you will win.
More ever there are tactics to be followed in lower court which if taken at timely stage such situation do not arise.
Swathi S Bhat
(Expert) 21 June 2011
Sir,
It is true that your client has availed some loan from the bank. Is there any documentary evidence to prove that it is barred by limitations? what are all the citations you have produced before the lower court? If you are able to prove that it is barred by limitation, then definetly you are having a good ground to win the case.
Good luck.
Querist :
Anonymous
(Querist) 21 June 2011
The complaint itself flashes the loan as time barred.
Bank officer pleaded that loan was given on 21-10-2002 and cheque was issued on 25-11-2007 in between no installment was deposited by accused. Even no revival letter was produced by bank. Then what is left remained assuming loan as time barred??
Ashok Yadav
(Expert) 21 June 2011
As per my view the loan is not time barred because a fresh time limit starts from when your client issue a cheque to the bank i.e. from 25.11.2007. The loan was time barred till 25.11.2007 but from that day he accept that he has to pay an amount to the bank and from that day when he issued the cheque he has start a new limitation of three years for the bank.
Querist :
Anonymous
(Querist) 21 June 2011
no no new time limit doesnt start....
Guest
(Expert) 21 June 2011
Yes, ASHOK YADAV IS RIGHT.
Read The Limitation Act, 1963
18. Effect of acknowledgment in writing -
(1) Where before the expiration of the prescribed period for a suit or application in respect or any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derived his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.
(2) Where the writing containing thee acknowledgement is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act,1872 ( 1 of 1872), oral evidence of its contents shall not be received.
Querist :
Anonymous
(Querist) 22 June 2011
@ Kushan
Ashok yadav not correct in his views..
What's the effect of words " before the expiration of the prescribed period"
Querist :
Anonymous
(Querist) 22 June 2011
I mean to say, Whether it is not a contempt of superior court by inferior court?
