Legal Question in Criminal Law in India

contents admitted in reply to notice

I have issued two notices to the accused u/s.138.Reply to one notice is received,and contents are affirmative & reply to other notice not replied inspite of being admitted of having received the same.During the course of final argument,the accused advocate has presented written submission with 23 citations. .The 24 document was regarding ''untrade fair practice invovling in stock market''.however my transaction was valid and does not fall under this act,regulation.We learnt about the production of document only on the day of judgement.Even the copy of the submission of written argument filed by the accused advocate does not reflect any narration about the document.The copy of the said written argument was given to my adv.which reflect only 23 citation of various judgement.The 24 citation is added without our knowledge intentionly,because i even had a certified copy which proves transaction entered into with the accused,is legal and amount to a legally enforceable transaction.However the accused was acquitted on the strengh of this document,that it cannot amount to legally enforceable transaction and hence offence u/s 138.is not maintiable.In reply to my notice he has admitted of giving me the cheq.Signature on the chq's is admitted.


Asked on 12/16/06, 12:50 pm

2 Answers from Attorneys
D. M. Bhalla D.M LAW CHAMBER

Re: contents admitted in reply to notice

Sir,

The presumption under N Act is that a cheque given is in discharge of liability and the accused is bound to discharge the same during the course of trial. He cannot at a spur of moment take out a paper out of his pocket and place it on record. He is required to prove the same in accordance with law. The court is bound not to consider the same without its proof. The court has acted wrongly and you can go in appeal to set aside the order of acquittal. For further clarification, feel free to contact the undersigned

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Answered on 12/20/06, 7:11 pm

Re: contents admitted in reply to notice

Dear sir,

In law there is no wording relating to WRITTEN SUBMISSION but in utter prcaution some time lawyers choose to file written submission but in such case you have the right to ask for for the copy from opposite party who had filed the written submission and also you can make request to court for supply of the same.You could also sought time to address the court in view of the written submission and the court is bound to give time for said purpose, which probably your advocate has not done.In my openion once the offence is covered u/s 138 N.I.ACT the court has to pass the order on that basis only but the court does not have jurisdiction to go on any other aspect Like unfair trade practice etc.Since the court has already passed the order hence the order and other related papers are required to be seen to give correct and acqrate openion and also further course of action in the matter.

For any other query / assistance you may cal on my mobile no.9873343288.

thanks.

siddharth

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Answered on 12/16/06, 2:02 pm


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