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 ?
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
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
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 :-
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
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.
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 ?