Legal Question in Criminal Law in India
the citibank filed two cheque bounce cases against me in chandigarh.during cross examination ,the complainant could not produce loan agreement despite numerous opportunities.also,no other witness i.e. bank,post office was examined.the evidence was closed.during my examination u/s 313 cr.p.c.,i took the plea that the there is no debt liabilty.the cheque was given as security to the bank on the loan agreement on the date of release of car i.e.26-12-2001..but,citibank manipulated and made changes in the date agreement i.e. after one month i.e.16-01-2002..
also,i have taken plea that the cheque was blank,as security of actual agreement on the date of release of car,dt.26-12-2001.also,the date and amount has been forged on cheque.now,i have to adduce defence evidence.i will present the actual sale letter and insurance copy.dt.26-01-2001.i didnot issued any cheque for 16-01-2002 agreement.
the supreme court in 2008 had said that the compainant has to prove the ingradients of 138 ni act.
will i win the case and then file case for damages against citibank.please advice.thanks.
4 Answers from Attorneys
Have patience and wait for the court decision.
Mere plea are not sufficient to decide a case on merits. Court would decide on the basis of evidence adduced.
mere issuance of cheque is not enough and the complainant has to prove that the cheque was given towards any debt or liability. in case citibank failed to produce the agreement, the same would go in your favour as in the absence of agreement, it cannot be proved that the cheque was issued towards the debt or liability. once their complaint is dismissed, you may file suit for damages.
Your winning or losing the case will depend on the judicial appreciation of the evidence. Hence, let the court do the same. However, in respect of damage suit you can go for the same if you win.
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