The accused claims the Cheques as post dated (having issued on a date prior than mentioned on Cheque); based on sequential numbering & same style of writing & ink. As a complainant how shall I disprove?
Ravindra H Chaudhari (Student) 24 February 2013
The accused claims the Cheques as post dated (having issued on a date prior than mentioned on Cheque); based on sequential numbering & same style of writing & ink. As a complainant how shall I disprove?
LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 25 February 2013
The burden is on you to prove since it is a reasonable defense.
It happens with many complainant in cheque cases that proper care is not taken at the time of issue of notice and filing the complaint.
R Trivedi (advocate.dma@gmail.com) 25 February 2013
A PDC if otherwise fully filled up is a bill of exchange and becomes a cheque on the date specified on it. Accused will not be benefitted that he had issued the cheque as PDCs. He can get some relief only if he proves that complainant failed to honor, if at all anything was required in interim period from the date of delivery to date of PDC. Infact such blanket admissions will harm accused, if he states that he issued the PDC. Complainant need not do anything, because even if accused proves that he issued a PDC, so what ? Yes if he can prove that it was a blank cheque then matter is altogether different.
MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com) 26 February 2013
There are alwyas simple workable argunents for the accused as in this problem.
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