SECTION 138
Querist :
Anonymous
(Querist) 01 March 2010
This query is : Resolved
IN A CASE OF CHEQUE BOUNCING , COUNSEL OF ACCUSED ASSERTED THAT THE COMPLAINANT IS NOT HAVING LOAN DOCUMENT AS ACCORDING TO HIM HE HAS GIVEN LOAN TO ACCUSED AND ACCUSED HAD GIVEN HIM CHEQUE TO REPAY SUCH LOAN, WHICH WAS BOUNCED.ALSO,COMPLAINANT GIVE AN AFFIDAVIT WHICH WAS OT AS PER LAW, AS IT WAS NOT WRITTEN AT LAST THAT I HAVE NOT CONCEALED ANYTHING.THE ACCUSED COUNCIL GAVE VARIOUS CITATIONS ON SUCH AFFIDAVIT AND ALSO ON THAT CHEQUE BOUNCE WITHOUT HAVING ANY LOAN DOCUMENT IF LOAN IS GIVEN DOESN'T ATTRACT SECTION 138.BUT THE COURT GAVE JUDGMENT AGAINST ACCUSED AND SENTENCED HIM TO 6 MONTHS IMPRISONMENT.AND ALSO THE COURT DIDN'T MENTIONED ANY CITATION GIVEN BY ACCUSED COUNCIL IN HIS JUDGMENT.IS IT NOT COMPULSORY FOR COURT TO MENTION THE VARIOUS AUTHORITIES GIVEN BY THE ADVOCATES DURING ARGUMENT IN THE JUDGMENT ?????????
Srinath Kondapally
(Expert) 01 March 2010
If u provide entire judgement copy we will ascertain all facts, anyhave, study the provision of Sec.139 of N.I.Act.,which dealt with PRESUMPTION.
Parveen Kr. Aggarwal
(Expert) 01 March 2010
The citations (Judgments) relied upon by counsel of parties to legal proceedings during arguments are to be necessarily mentioned in the Judgment passed by the Court.
Dr.Gaurang N. Gandhi
(Expert) 02 March 2010
relevancy of the given citation with the facts are more important, though we can not say anything without the details of case matters....
Guest
(Expert) 02 March 2010
please mention complete detail of the case.
Raj Kumar Makkad
(Expert) 02 March 2010
Though legally all such citation relied upon parties during their argument should be mentioned by courts in their judgments but practically it is generally not done and except a few, all other are ignored and are even not mentioned. Have you such citation which provides that if the complainant not produces the detail of his debt, the accused shall be exonerated from charge of 138 NI Act?
