VALUABLE SUGESSION NEEDED

MR. ELANGO

First of all it is better for you to engage a Criminal Lawyer for the said proceedings.

Secondly,  File one Criminal Petition before the High Court for Qaush of the Complaint, as there are several Judgements of High Courts & Supreme Courts that, Criminal Complaints are not maintainable U/S. 420 of IPC for the Offence U/S. 138 of NI Act.  

Go through, one of the Recent Judgment of Supreme Court of India: 

Mahindra & Mahindra Financial ServicesLtd. and Anr. v. Rajiv Dubey, Criminal Appeal No. 1966 of 2008. Date of Judgment 4-12-08 

In which :

Guidelines for the use of inherent power of the court under section 482 of Cr. P.C Mahindra & Mahindra Financial ServicesLtd. and Anr. v. Rajiv Dubey, Criminal Appeal No. 1966 of 2008. Date of Judgment 4-12-08 The power under the section is designed to prevent abuse of the process of courts and also to secure the ends of justice. Though it is impossible and unadvisable to lay down comprehensive guidelines or formulae, offering illustrative contingencies would be of help. In this judgement the SC offers certain guiding principles, quoting from an earlier determined case. [State of Haryana v. Bhajan Lal (AIR 1992 SC 604)] “(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non- cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

Details of the Judgment you can see in Judciary OR in one of my file posted in Legal Document under FILES.

A statement u/s 161 of Cr. P. C is not a piece of evidence. It can not be used against you. No confession before police is admissible in evidence except when law provides so. In your case it is not admissible. The law itself provides that signature is not be taken below the statement recorded u/s 161.

Secondly, you can always defend your self, cross examine the witnesses examined by the prosecution, examine your self or witnesses in your defence. You are presumed to be innocent unless and until prosecution proves guilt against you.

As suggested  by Adv. Ahmed, it is better to engage a good advocate.

Dear sir(s),

Thanks a lot for your valuable sugessions, I shall follow accordingly.

With Regards

Elango

I do agree with Mr. Ahemad.

For further querries n help in need u can contact me at:

rakhibudhiraja@gmail.com

Mb.-09711364956

Dear Elango,

the following points are answeres to your questions:

1. Yes, you can defend your self personally in the court during trial whithout engaseing an advocate. Moreover  it is the duty of the conserned court /judge to provide you a state defence counsil with the state cost, if you have not engased any lawyer till date.If not provided and not engaged a lawyer ask the court to provide penal lawyer of state defence   to defend your case.

2. I t is the duty of the police / I.O to create statement 161 Cr.P.C statement without your signature as it is a part of the investigation. So it has no evedentionry value.

3. You or your lawyer  can cross examine  all the  prosecution witnesses during trial in the court.

4. Acqutal and conviction depends upon the legal skill  of a lawyer /persons who conducts the case. So it is better either you engage a lawyer of your choice or else ask the court it provide a lawyer  from the state defence penal. So that your case will be properly conducted and you will be acquted.

Moreover  the citation given by Mr. Aejaj Ahamed is very usefull  and you can also go to High Court on revision u/s 482 Cr.P.C fto squash the proceedings as not maintanable , when it is case of 138 N.I act. (RAMDAS)