Legal Question in Criminal Law in India

in my case i am fighting a NI 138 case on my company where i have issued a cheque to a party. my lawyer pointed out that the party has changed the bank memo date by over writing to come in the limitation to file a case in the court in terms of day . as per my knowledge time limit to issue notice is 30 from receipt of bank memo and 45 days to file case after the notice is delivered .
as we have take objection about the date being changed in memo by over writing which is visible to bring it in limit of 45 day which it other wise dose not by 3 days . my bank will be made party to the court proceedings .
now how can i exactly know from the bank which day was the cheque returned and memo made. i feel can the other party try to predudice the bank officers in there favour.
1.should i file a RTI application to know the day of return.
2.are there any internal records in bank which verifies the date of return to be presented in the court.
3. suggest if my idea on limitation of day is right as per NI act

Asked on 12/16/12, 4:49 am

Global Legist Advocate & Legal Consultants

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Hello,

Call for the records.

Thanks

Answered on 12/17/12, 3:29 am

Shrichand Nahar S.V.Nahar, Advocate

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Summon Bank Officials with records as witnesses.

Answered on 1/03/13, 2:43 am

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