Legal Question in Criminal Law in India
We received two cheques from a companyagainst the supply of material. The same were returned unpaid. We filled the cases under NI Act.
Subsequently, the company's loan account with the bank become NPA and the Bank has isssued the news paper notice for ' Posession' & ' sale' .
We also understand subsequently that, the company issued so many cheques without funds and so many other cheques were also bounced during the last 12 months.
We have collected paper cuttings.
Will it help us in our trial proceedings , if we produce the above facts before the court and request for the bank's statement in this regard.
3 Answers from Attorneys
Account Statement and other documents can be summoned in respect of account from which cheque was issued. For this purpose only an application is necessary. No paper cutting is necessary.
yes, this would certainly help you as the company has issued cheques that have bounced and also there is documentary proof to the same. you may also file a complaint u/s 138 of NI act along with attachment proceedings. an application may also be moved in civil court for attachment before judgment.
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