LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

stanley (Freedom)     25 March 2015

Blank cheques amounts withdrawn

I have a DV case going on . Petitioner has stated that I have not provided any money to her in her petition  . The fact was that I had provided the petitioner with my blank cheques where in she has withdrawn money as well as carried out making fixed deposits in my name using the blank and filling them in her handwriting as well as carried out withdrawals from these accounts while I was abroad .Certified copies of my bank statement have been submitted to the court with show that bank transcations have been carried out during my absence .

My passport true copies entry and exit stamps have not yet been submitted to the court to prove that I was abroad when these transcations happened .

Petitioner has filed her affidivat where in her cross examination was conducted  where in she has admitted that about a  few transcations that money was sent from abroad for her expenses  . But for the withdrawals carried out by her using my blank cheques when I was out of  india she claims ignorance that she is not aware while I was abroad . 

In my Written statement submitted against her petition the  transcation details were not mentioned .

Whereas in my  Affidivat I have stated that  the transcations of withdrawals which include amounts along with the cheque nos  and the dates .

During my cross the applicants counsel stated that the the transcations mentioned in my affidivat have not been stated in my written statement submitted , to which I have agreed .

The matter is still kept open for closing of evidence .

What would be the best way to get the petitioner to admit about these transcations .

1.       Submitting of the true copies of my passport which show my entry and exit stamps stating to the court that these transcations where carried out while I was abroad .

2.        Summoning the Bank manager for cross examination as to how these transcations took place while I was abroad and to investigate who has withdrawn the money  .

3.       Calling for true copies of the cheques which have been withdrawn .

4.        How to prove that the handwriting on the cheque is hers .

 

Replies from the learned counsel would be highly appreciated .



Learning

 2 Replies

Ravinder Gupta (Advocate)     26 March 2015

The same can be proved by calling the Bank as a witness with record of the cheques used. The writing on cheques can be proved by leading experts's  opinion' for which the engagement of an expert from court is required. The writing can be sent for CFL examination. The bank employees acan also be called for witness to recognise the persons if he or she can recollect the transaction.

stanley (Freedom)     27 March 2015

Thanks a lot Mr Ravindra Gupta for your prompt  response .


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register