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

I had produced one SC citation in lower court but the court says I dont agree , this happens in lower courts and remedy is lengthy and time consuming.

Now the court is telling me to go to the higher court bring stay than only the case will stop .

So the best strategy is find no of lucunas and file revision before taking the crucial point.

I DO NOT SUPPORT THE LOWER COURT VERSION, THERE  ARE MAGISTRATES WHO R NOT VERY MUCH WELL VERSE WITH  THE HAPPENINGS IN CR.P.C. FOR INSTANT 313 CAN BE GIVEN BY WRITTEN SOME TRAIL COURTS REJECTING IT. ONE MORE THING OF 320 CR.PC AMENDMTS., ETC.,

HENCE THE BAR OF CONCERN COURT HAS TO LOOK INTO THE ISSUE AND TRY TO CHANGE THE WRONG ATTITUDES OF MAGISTRATES. 

Till that time injustice goes on because the court will convict the accused and very costly and timeconsuming to appeal or revision. If fined , it has to be paid first before revision is allowed. So the best tactics is raise the issues prior to final arguments or even cross and than go in revision instantly.

MY SUGGETION IN ANY CASE IN TRAIL STAGE ONE SHOULD TAKE TO RAISE ALL ISSUES OF LEGAL AND FACTS BY MAKING NO. OF MPS OR IA TO BUILD THE CASE INTO YOUR FAVOUR.

I ALWAYS REQUEST MY FRIENDS GO ON RAISING OBJECTIONS IN WRITTEN MP IN CRIMINAL CASES ALWAYS HELP IN APPEAL STAGES UPTO SC.

Computer Genrated copy  can be admissble in evidecne under Sec 65( a )65(b) of Evidecne Act.

In my case, complaiant has also gave statement in cross that he has lent 40,000 from his own pocket and rest Rs 60,000/- he has taken from his father to lend me cash loan. He also admitted that his father was taking old age pension ( which is Rs 300/- per month at that time) from punjab goverment.

My question is if his father was taking old age pension from Goverment and was not having any source of income then how he can give Rs 60,000/- to his son to give Cash loan to me? 

Also please confirm me ,is it necessary for my Lawyer to summon his father's old age pension record or Complainant's cross statement is sufficient?

Also please tell me on what criteria Goverment give old age pension to senior citizen?

PLEASE FILE AN 311 PETITION FOR CALL OF DEFENCE EVIDENCE AND CALL ALL PEOPLE WHO EVER WERE NAMED BY PW1. IT IS A GOOD CASE TO WIN.

At this stage s 311 application will not be entertained by any court. However you can call the father but if your advocate slips in cross it will seal your fate since confirmation by the father that he gave money is admission on your part.

Get some other locuna by microscopic study of the complaint and document and go for revision here and now., if you want to get out of this.

MR.JSDN, 

CR.P.C 311 SAYS

" ANY COURT  MAY,ATANYSTAGE.................................................................................................................................................IF HIS EVIDENCE APPEARS TO BE ESSENTIAL TO THE JUST DECISIONS OF THE CASE. 

Dear Sir, Actually cross statement of Complainant is in Punjabi Language. That why i am not sending you copy by email. Main contents are as,

1. He has given me Cash Loan of Rs 1,00,000/- in January 2005 to construct my office (name of my company and address is also mentioned). We have taken Office in january 2004 on rent and paying rent till now. We have rent reciepts,rent is paid through cheques from our account. More over as it is rented property so we can not construct office. More over my partner, my elder brother has taken Rs 2,00,000/- bank loan for interior work in 2004. we have loan account statement and purchase bills of all equipments.

2.He has taken  60,000 from his father when his father was taking old age pension from Punjab Goverment.

3. As Complainant has given me loan in January 2005 and cheque bounced on 25th Novemebr 2005. Complainat had only Rs 2560/- in his bank account. He didn't produce Income Tax returns even to show Loan.

4. More over date mentioned in Memo is wrong. Cheque was bounced on 25th Novemebr and memo date is 24th November.

5. i had directed my bank for stop payment but bank has only ticked insufficient balance. Bank officer has admitted that they tick both ( insufficient funds and stop payment) in case of Stop Payment request.

6. I didn't personally recieve demand Notice.

7. Complainant has also admitted that beside me he has lent cash loan to other 4-5 person also. He didn't confirm about Money Lending License under Punjab Money Lending Act.

Please advice me according.

Reddy sir what he will do even if 311 application is allowed .Unless the line of action is not clear I have found in most of the cases that the advocates of the accused take cross against their own clients since they do bot have overall view.

My advocate has summponed Bank clerk of Complainant's bank to produce statement which we already know has Rs 2560/- only for continous 2 years in same perriod. Also he has summoned my brother's loan account to show that he has taken personal loan for interior of office.

How worth is to summon Income Tax department to bring IT returns of Complainant?

If you are for accused we will show you simple way out to avoid any conviction and fail the case of the complainant.