Legal Question in Banking Law in India
Framed in a Cheque Bounce
I GAVE A CHEQUE OF AMT 20000 TO A PERSON ON BEHALF OF MY CLIENT NAMED RAHUL, AS HE PROMISED TO PAY THE AMT TO ME, WHICH HE DIDNT. When i contacted the person whom i gave the cheque, he said that following cheque was lost by him, for which i registered a complaint in nearby police chowky, and even made stop payments for the lost cheques. Almost 6 months later, that person deposited that cheque, which was returned due to insufficient funds. He later send a notice to me. When contacted to my client RAHUL, he simply refused to pay back the person money, putting the blame on me. Its 2 months now frm the date i recieved the notice, and that person is threating to lodge a criminal case against me. Though i have the FIR of the lost cheques, that person has recorded on phone a converstion between us, where i agreed to have given him the cheques. Now, i am very confused and heart broken , as i m being dragged for nothing. Even my client, whom i trusted his word b4 giving the person a cheque, isnt helping me. I only signed the chq, rest was filled up by that person.
Sir i want to know does voice recording evidence play a major part in criminal cases, and is there any way where iu can proof my self innocence.
Please help Thank You
3 Answers from Attorneys
Re: Framed in a Cheque Bounce
Donot worry the period of filing of complaint has already expired as two has already completed from the date of receipt of notice.Recorded message has evidentary value but you have to prove the authenticity of the same and also that the same is true and genuine one.
Re: Framed in a Cheque Bounce
you approach the police and give them the notice of boucing u received and request the police to take into custody the said cheque and arrest the person whco claims to be in possession
Re: Framed in a Cheque Bounce
voice recording can be admiited and accepted in evidence provided it must be corrobated by expert evidence that it belongs person whose voice was recorded
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