Sir,
I have not mentioned the intimate details of the case and probably that is the reason why i am failing to get the appropriate answers. The documents furnished in my case for proving transaction and liability are as follows
(a) Bank Statement proving transfer of 30 % of the questioned amount been made to the personal account of the Accused.
(b) Bank Statement showing 30 % of the amount been transferred to a company which is a proprietary concern of the father of the accused. (Although court has not taken cognisance of the same on grounds that there was no tripartite agreement between me, father of the accused and the accused himself where the accused has taken over the liability of his father's company in respect of the relevant transaction been made to them)
(c) A Statement of Undertaking made on a stamp paper,prepared and signed by the Accused, wherein he has not only accepted the receipt of the amount but also specified the cheque numbers through which he was to refund the amount. The same cheques are the subject matter of my case.
I feel that the above documents serves reasonably well to be accepted in court of law as a proof of the loss incurred by me.
I will look forward to a technical reply in the line of filing a criminal revision petition in the High Court against the judgement in my case.
I think that it would not be prudent to file a civil suit for recovery in this matter as it will take at least a decade to reach a judgement. What will be the value of this money after a decade considering the present rate of inflation.
I would be interested to seek the services of a lawyer who is a real expert and whose understanding of the matters u/s 138 is deep and thorough.
