Quash of nia 138

I doubt that you can get readymade judgments on your facts. 

try www.indiankanoon.org for searching relevant judgments.

Thank you very much sir, I am doing my internship with a law firm and I have been assign for collection of relevant judgment for above case.

M y question is, is there any chance for Harish to win this case?

Please guide me.

I have already given you place where you can find.

5- No cheque return memo is presented before S.D.J.M and also stated that is not possible to produce.

Without return memo, court legally cannot take cognizance !! All other aspects before HC under S.482 are of trial based and HC may not quash but, Pt#5 as above is a  mandatory requirement and HC may quash based on this.

Yes sir, but Miss, Priya has submitted her Bank statement,

Is there any chance that court may take cognizance on basis of her bank statement? I have discussed with one of my friend regarding and he said it is possible for court to take cognizance on basis of bank statement, is this true?please confirm me,

As you said without return memo, court legally cannot take cognizance!! Can you please provide me any judgment regarding the same, if you have?

And the most important thing is there were no legal liabilities payables for Mr. Harish and Miss Priya also admited that she has no evidence to produce before the court that she has paid the amount to Harish, she is just demanding the amount on basis of the that cheque, but i have already told you the cheque story  in my above query.

Could please give me some ideas,

Miss Priya also admited that she has no evidence to produce before the cour....

She has admitted to whom ? You mean infront of court ? Generally lower courts do not apply much mind at the time of taking cognizance ? Thepoint is without the dishonor slip, how would the court know about dishonor and more imporantly if she can bring the account statement then why can't she bring the dishonor slip ?

The matter can end here in trial court irself.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Pl give an application under S.255 of CRPC for acquittal stating that in absence of this crucial evidence the case itself is non sustainable and further proceeding would be misuse of process of law. Discuss the matter with your advocate for preparation of proper application.  

I still have not understood why the return slip cannot be produced ??

This is a summons case so you have to complete the trial.

Prepare for expert cross examiniation and you can come out of it.

Light is white but when it is passed through PRISM  it is converted into seven different colors  which are totally contradictory with each other. THIS IS POWER OF CROSS, POWER OF DEFENSE.,POWER OF NEGATIVE WHICH IS PERPETUAL  AND ABUNDANT.

.Dear Mr.Suraj,

         First of all my appreciation for your determined effort as a junior.It is commendable.The seniors in your firm should be fully aware of the pros and cons of the said case.You said that Priya deposited 50,000/- in Harish account.That cannot be taken as an evidence.You are saying that the cheque got dishonoured due to insuficient funds and tampering of amount.That amounts to alteration of the said cheque by the person who presented it .The lower courts do not go deep into the technical aspects ,unless put forward by the defence.Lower courts geneally do not look into section 202 crpc.Has the high court granted stay of the proceedings  or posted  the matter to a further date.The defence advocate can demand the cheque return memo or ask the complainant to produce the bank statement duly attested by the concerned bank officer.The court should have asked the complainant to produce in the initial stage itself.Still Mr.Harish has a strong case to defend ,with intellegent handling of the case by your firm

Dear Mr.Suraj,

        I have a small story fo you.One newly enrolled lawyer had won his first case and he was appreciated by all.He came to his father jubiliant,and told him that he had won his first case itself.His father who himself was a senior lawyer,instead of appreciating, in turn scolded him and said,idiot, for the past 20 years I have been running the family only because of that case,and today you have deprived me of income by winning the case.(THIS IS ONLY A STORY AND NOT TO HURT ANYONE)

        So,Suraj be patient and don't  get  exited.Your senior lawyers must be confident of the case.