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Ni-138- computer generated memo from bank without seal/stamp

Page no : 3

Cartoos (c.crime@yahoo.com)     07 August 2011

Can't compaint get fresh memo from bank after getting it signed and stamped on the request that it is required in the court for the purpose of case is filed ?, will it be not allowed by bank ?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 August 2011

Yes but this you have to do before filing the affadavit of evidence.

Cartoos (c.crime@yahoo.com)     07 August 2011

Why you can't do it when demand has been raised by accused rather than producing Bank's clerk.

You can also show stamped bank statement, it also shows the transaction.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     07 August 2011

YOU CANNOT RATIFY SUCH A THINK BY GETTING NEW THINK OF ANOTHER DOC IN PLACE OF OLD MARKED ONE.BETTER ADJUDICATION BY BANK MANAGER AS WITNESS. THAT ALSO IN CROSS HE CANNOT SAY AS IT WAS ISSUED BY THE SAME BRANCH/PERSON SINCE IT IS A BLANK COMPTR GENERATED ONE. IN ONE OF MY CASE THE MANAGER SAID AFTER SHOWING ONE PLAIN COMPUTR GENERATED PAPER AS IT WAS HIS BANK ISSUED. ANOTHER WAS SHOWN WITH SAME DUPLICATE WHITE TYPED ONE AS -THAT ALSO HE ACCEPTED IT WAS ISSUED BY HIS BANK. BUT THE FIRST ONE PREPARED BY US REASON WE SHOWED IN FULL OF FUNDS.INSTEAD OF INSUFFICIENT FUNDS. AND IN CROSS HE AGREES THAT ON THAT DAY HE IS NOT WORKED IN THAT BRANCH, THE CONCERN AUTHORITY THAT TIME IS IN SRINAGAR. THE CASE BECOME OUR FAVOUR.

Cartoos (c.crime@yahoo.com)     07 August 2011

Dear Mr.Reddy, its not clear that you want say, please write in simple words.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     07 August 2011

IF MARKED ONCE ANY DOCMNT AFTER CHIEF EXAMINATION/AFFIDAVIT IN COURT, YOU CANNOT TAKE BACK IT FOR CORRECTION/REPLACE IT WITH ANOTHER ONE. THAT IS THE LAW.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 August 2011

Please take the trouble of going through various citations submitted by learned members including me in the files section.

Now please see the latest of  PRESUMPTION referring SC earlier decision :-


Attached File : 10733 200830 58 it return in ni 138 bombay hc legal liability and presumption .pdf downloaded: 146 times

Gaurav (Advocate)     07 August 2011

there have been various incidents regarding these Not signed computer generated Slips...though courts prefer signed and stamped Memos but these Computer genrated memos are accetable at preliminary ecidence stage subjected to condition that later on that will be corroborated by the bank evidence. On this matter RBI has issued a circular Dated 25th July 2011,directing all the banks to sign and stamp these computer generated memos

https://www.rbi.org.in/scriptts/BS_CircularIndexDisplay.aspx?Id=6625

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 August 2011

The main thrust is that the accused advocate has to fight at every stage for every document for evertu word in the complaint.

It so happens that initial time is wasted in taking dates and when the case comes for hearing the court does not give time to raise technicals and insists for cross. And mostly cross is done without proper prepration which goes against the accused.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     07 August 2011

THE RBI CANNOT FIX RULES FOR TRAIL COURTS, ONLY APEX COURT CAN DO THROUGH ART 142 & OR BY PARLIAMENT. RBI GUIDELINES R NOT FOLLOWED BY MANY BANKS IN INDIA.EVERY BANK HAS ITS OWN INTEREST OF BUSINESS. THAT IS LOT OF BANKS R INVOLVING IN SCAMS. NOW A DAYS BANKS R ISSUING BACK DATED PAY ORDERS&DD. I GOT A CASE.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     08 August 2011

The the main question still subsists that without bank stamp the bank slips have no evidence value.

AAK (Advocate)     08 August 2011

NOTHING IS THEIR TO ARGUE. one of our learned fellow member has relied upon citation which specificaly states that even memo is not required subject to evidence of bank official. Hence the question of having seal sign etc does not arise at all. No point in arguing further without citing any citatitions.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     08 August 2011

Please read the above attached citation which is latest. which gives right to rebutt. In the earlier citation the testimony of bank officer has come and he has conformed from bank records about bounce of cheque and hence no need of slips. 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     08 August 2011

And please read the citation , the point of no slips was raised at HC level only. It was the mistake of defense advocate at trial stage not to have allowed for bank person to testify in absense of bank slips.

The complainant can not give evidence beyond pleadings or documents submitted with the complaint. If the defense advocate do not object it amounts to admission and so court is bound to give judgment on admission of accused.

sectopn 294 CRPC specifically provides for objection for admission of any document at submission stage.

Cartoos (c.crime@yahoo.com)     08 August 2011

So, JSDN, when is the time for defence to have objection and what stage ?


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