i am an accused in cheque bounce case, and in trial court i got acquitted. the complainant has approached the trial court, and going by my advocates hearing & judge reaction i doubt conviction here. order is on this 25th, pls help.
the cheque is dated 25-04-2008. the complainant has claimed to have presented the cheque to drawee bank within time, but my bank (drawer bank) is an outstation branch and the cheque was bounced by my bank on 30-10-2008. As per me, its stale because it has reached the drawer bank after 6 months
he has not filed or proved the date of presentation, but unfortunately both the bankers (drawee n drawer) has based their opinion on the return memo and submitted that cheque has reached in time, which is false. the chq return memo was dated 30-10-2008, but with the text 'funds insufficient'. all clerical blunders.
the attestation stamp by the drawee branch (local to my drawer bank) is dated 30-10-2008 or 31-10-2008 (stamp not clear); the memo is dated 30-10-2010; my acct statement shows its bounced on 30-10-2008. so our claim is that it is obvious that the cheque was presented to drawer bank on 30-10-2008. i also gave oral witness, the contrary was not proved or established or even argued by the complainant advocate.
but unfortunately judge says (1) bounced date cannot be taken as presented date to the drawer bank (2) drawee n drawer bankers oral witness can be accepted - that it reached in time (3) no need for the complainant to substantiate/establish presented date (4) no need of any documentary evidence by complainant, infact if anything has to be proved/disproved by accused.
sir, plz help me how to go from here. sir, also share with me the related apex court or high court judgements.
Asked in Criminal Law from Hyderabad, Andhra Pradesh
The court has posted the case for order on 25th February. So as of now there is nothing you can do except to wait for the order to be passed. It will be unwise for us to predict what the order could be. If you are convicted then you can file an appeal in the High Court. Judgments will not help as the facts of every case are different.
in your case judgement of high court might have helped u a lot. but now sorry that could be on arguement stage. u can call me in case u are convicted & decide to go for appeal.
Advocate, Greater Noida