138 case

Dear Querist

 after the permission of the court, if court allow to do that otherwise not

With the permission of the Judge the accused can argue in the absence of appointing any lawyer . 

The question is not clear, please confirm from below..

1. You want to argue on behalf of your son in his presence (and also without lawyer) ?

2. You want to argue on behalf of your son in his presence (and with lawyer) ?

3. You want to represent your son along with a lawyer ?.

4. You want to represent your son as pleader without lawyer ?.

5. You want to just argue the legal heir part of the loan ?

6. You want to be a defence witness ? 

I want to argue in presence of my son, without lawyer

I want to be defence witness

1. You can be a defense witness, there is no issue

2. Arguing on behalf of your son in his presence without lawyer, may not be permitted by court.

Even otherwise I suggest, you just be the defence witness and leave the argument and proceeding part to professional lawyers. In the court especially during cross examination, a small twist in the language can spoil the entire case. You may be confident, but argument in the day today matter is quite different from the arguments required during court proceedings. 

Sir, My son is facing cheque bounce case. He took loan from money lender, gave blank cheque at time of signing loan agreement on 22 nd December-2007,  loan was given on 2^nd Jan-2008, he was giving daily instalments  in  cash+ lumpsum cash, due to losses, he had to close his shop on  25/05/2008 and bank account ( 0n 29/04/2008). He received summons from court in august-2010, which were not received as he was not living in house. He received summons again in August-2012. There are many discrepancies in Complaint a) complainant on affidavit said " we served notice on 10/05/2010 and in reply to said notice accused came to our office, amount of Rs 77800/= was due and after negotiation he settled the dues for Rs 77800/= and gave cheque of Rs 77800 /=" theque was presented on June 28 and bounced with remarks of bank that no such a account exists. b) Loan of Rs 62000/= was given (whereas it was 50000/=) Our defense is that a) cheque was given as security , cheque issued after the cheque in question were cleared from account before the loan cheque was credited, subsequent cheques were cleared, account was closed on 29/04/2008, the new cheque book was issued in Feb-2008, the cheques were cleared from new cheque book also, so no sensible man will keep cheque for two years to give to money lender in discharge of loan. The representative used to collect daily instalment and knew that shop was closed in May-2008. the complainant has not attached copy of notice alleged to have been given prior to bounced cheque notice, nor he has given receipt of notice. Please guide how to proceed, boy is not in position to hire lawyer, so appearing in person . We have moral liability of Rs27000/= which we are ready to pay in instalments.

We have prepared reply and application u/s 145 to examine witnesses

Please guide us, on reply

With regards

S.K.Kapoor

You have been posting your problems on various threads and sending PM to many many advocates, in this manner you will confuse yourself.

This is not a simple recovery matter but a criminal case for punishment for issue of dud cheque. You should engage an experienced advocte to present your case properly in the court.

Please do not remain in the false hope that your applications in the court will bring results in your favour. It is a job of an expert defense advocate.

You have to highlight all these points at the time of trial for which you would get the opportunity, get over with your anxiety, case will not be over because of your over anxiety or attempt to provide information to judge by filing applications after applications.

Once you are stuck in a criminal trial, then the best recourse is to defend yourself with all the force and hiring a good advocate is part of that. Please leave the thought of you being the pleader, you must hire the lawyer.

Since you are not conversant with court procedure in criminal trials and hence this haste  by you but in the process you may spoil your case.

You want to put cart before the horse.

It is only you know that the cheque was blank and more amount is put on it but nothing on the records of the court and no Judge can go beyond records. Judgements are not done on emotional appeals.

You have to bring on record such evidence by clever cross examination which only a seasoned expert advocate can do.

Unless  all the facts and circumstances  which you only know  are  not brought  on record by legal evidence NO BODY CAN HELP YOU., even you may post any number of threads on this site  or give any of applications in the court.