LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     14 August 2012

Forensic examination in cheque cases.

1) When the accused can ask for forensic examination of the cheque and other documents of the complaint.

2) Regarding the problems of cheque bounce cases many victims send PM as routine to many many people and many times such reciepants come in contact with each other and whole sypathy is lost.

 

3)This forum provides no of opportunities so you can go on posting your problems there are many learned members who give contributions.

 

AS WE HAVE PUT OUR PROBLEM HERE WHICH IS BEING FACED IN FEW CHEQUE CASES.



Learning

 10 Replies

RAHUL KANSAL 9041629676 (ADVOCATE)     14 August 2012

helloo sardarsena

                                         first of all i want to know why you want to get forensic examination of the cheque. 

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     15 August 2012

The accused gave a blank cheque , nothing is written by the accused.

 

The complainant filled the date, amount and even made similar lool like signatures.

RAHUL KANSAL 9041629676 (ADVOCATE)     15 August 2012

helloo sardarsena,

                                      sorry to inform you you might be in problem but there are some chances also .because every accused has a right to put his defence so he can also ask for forensic examination of the cheque.

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     15 August 2012

Also in the list of witnesses the complainant has not included 1) cheque 2) slips 3) return memo 4) notice ; so where it can be objected now.

RAHUL KANSAL 9041629676 (ADVOCATE)     15 August 2012

helloo , 

                                 the complaint shall be dismissed in default.

RAHUL KANSAL 9041629676 (ADVOCATE)     15 August 2012

but i want to know whether the court has summoned the accused. because it was basic requirements for the summoning of accused .

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     15 August 2012

1) for forensic examination the accused is summoned but no cross and at this stage the court is not willing to send the cheque for forensic examination.

 

2) in second case the documents are filed but not mentioned in witness list.

R Trivedi (advocate.dma@gmail.com)     17 August 2012

Also in the list of witnesses the complainant has not included 1) cheque 2) slips 3) return memo 4) notice ; so where it can be objected now.

 

These are exihibits, not witnesses. The list of witness will have names of witness (people)

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     18 August 2012

However if the same is not stated in the complaint and no request that all the documents produced be read in eveidence  than what.

R Trivedi (advocate.dma@gmail.com)     18 August 2012

These are part of evidence, ideally under S.138 cases, an affidavit along with these evidences like cheque, memo, notice etc. should be exhibited.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register