Legal Question in Criminal Law in India

to quote some paras of citations in application itself

The four cheques of different dates lodged on a single date were dishonored with the remarks �IInd signature required�. A complaint under section 138 N.I.Act. was lodged. The manager of accused�s Bank witnessed that as this is partnership account, signature of two partners required to honour any cheque from opening of account to till date. On behalf of this complainant wants to move an application under section 216 CRPC to add the charge u/s 420 IPC of cheating. Main question is 1.whether in an application under section 216 the complainant can quote some paras of the citations(court rulings) he wants to bring to the knowledge of the court, in application itself, whether it is wrong to quote the some paras of citations in application itself Or 2.whether complainant is to quote paras of citations after reply filed by the accused at the time of discussion (Bahas) in written arguments or 3.any other remedy to bring some paras of the citations in written to Court knowledge.


Asked on 1/06/07, 9:32 am

3 Answers from Attorneys
Panduranga Acharya J & P Associates, Advocates & Solicitors

Re: to quote some paras of citations in application itself

Dear sir,

it is not necessory to mention the citations in the comoplant it self. Complaint should be simple and clear.

but it is not wrong.

it is advisable to refer the citations at time of arguments and even you can file the citation with a memo before the court later at the time of arguments.

Regards,

Panduranga Acharya

09886742609

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Answered on 1/08/07, 2:12 am
Sarosh Bastawala ADVOCATE - SUPREME COURT OF INDIA

Re: to quote some paras of citations in application itself

1. it is not wrong to quote parts of a citation in the petition

2. Yes this is also permisable

3. you can also quite your references when required

Please tell me the specific matter

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Answered on 1/06/07, 10:34 am

Re: to quote some paras of citations in application itself

In present case, though giving paras of citation in application is not prohibited but it is not advisable to enlightened the opposite party by mentioning the paras of citation.It is advisable to move the application by giving the relevant facts which constitute the CHEATING and only after reply by opposite party the written submission mentioning all the relevant paras of citations should be filed at the time of argument.

For any other query/assistance you may call on my mobile.

Thanks.

siddharth

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Answered on 1/06/07, 10:55 am


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