138 ni act

Dear Rajesh,

                          In the case of 138 N.I.act ,the very small things counts a lot and secondly when he can prosecute you only on behalf of the cheque,then why you not defend on the basis of the receipt .Go ahead and defend the case .In the criminal cases,it is very important to put the right evidence at the right time . After his evidence of 244cr.p.c. ,move the application of 245(2)cr.p.c. to discharge the case on behalf of that reciept .Now the burden of proof will transfer upto his shoulder to proove the reciept faked and if he remains failure,the case will get discharge .

dear sir u give me energy , i will go to defend the case .thankx

section 245 (2) of Cr PC is applicable for warrant cases other than from police report. This is not applicable for summons cases under which NI 138 is tried.

The accused will have to contest the case and try to dimolish the case by contradicting his case.

Be careful at every stage , your mistake may be fatal and less scope in appeals.

U/S.138 NI Act  is summarly triable case in its disposes in within 6 months. U/S.251 of Cr.P.C is applicable in this Act and substance of accusation to be stated. This is compoundable case and any stage we are compound the case. From-Advocate Ranjit Giri, Bokaro Steel City,jharkhnd.