Legal Question in Criminal Law in India

cheque bounce case in chandigarh

citicorp maruti finance limited has filed 138 ni act case against me.the complainant could not present the original loan agreement despite numerous opportunities.they are insisting on loan agreement dt.16-01-2002.but,i am insiting of loan agreement dt.26-12-2001,i.e. date of release of maruti zen car to me.also,the complainant could not present any other witness.during my statement u/s 313 cr.p.c.,i denied the receipt of notice and also pleaded it to be a blank security cheque given for loan agreement dt. 26-12-2001 and not for 16-01-2002.am i right in my defence evidence.how can i win this case.


Asked on 7/12/09, 5:18 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: cheque bounce case in chandigarh

Date of loan agreement may not make you win the case.

If loan amount has been disbursed to you and such loan is not fully repaid before the date of cheque in question, burden will shift on you to prove by leading cogent evidence. A statement U/s.313 is not evidence.

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Answered on 7/13/09, 1:00 am
Pranav Desai PD Legal & Associates

Re: cheque bounce case in chandigarh

Well, you have to get all things i.e it was a blank security cheque, loan dated 26/1/2001, etc. admitted by the complainant during cross examination.

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Answered on 7/13/09, 3:43 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: cheque bounce case in chandigarh

Yes, you may be right; you could also file a case before the consumer court for damages against citicorp.

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Answered on 7/12/09, 7:31 am


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