1) change your lawyer
2) your lawyer can then cross examine the complainant
3) confront him with documents referred and relied upon you
4) you can question the complainant as to whether any reply has received by him or not
Cheque bounce
I have issued a cheque in favour of Rajesh dated 29.05.2018 cheque no. 45026 for sale agreement purpose. But Rajesh has presented cheque on July 2018; due to signature mismatch cheque were not realized. In month June, Rajesh has misused my cheque for different business purpose(for compromise petition) other than intend purpose. In compromise petition of certain property dispute it is mentioned as follows, “Vinod received the share amount by the way of cheque No. 45026 dated 29.05.2018” Rajesh approached me thro’ legal notice saying that cheque was not realized due to signature mismatch. For this I have replied myself to their lawyer that I will re-issue the cheque however I required the consent from Vinod also because it has been misused other than intend purpose. (Reason is I thought tomorrow vinod should not approach me that share amount were not received by the way of cheque no. 45026 dated 29.05.2018). Rajesh and his laywer has not responded to my reply, later filled the PCR/CC against me. The following document were submitted to court by Rajesh - Original Cheque, Legal notice, RPAD. - But business transaction/document and my reply were not submitted In court order copy it is mentioned that cheque return due to “insufficient fund” My question to panel is that I have following evidence, - I have sufficient fund in my accounts. - I have replied to their legal notice thro’ registered post. I have receipt and online delivery detail that items is delivered to addressee. Now, how to submit/bring to court notice above documents directly myself. Because my lawyer unnecessary delaying the process and dragging. At present it is cross-examinee stage each time he is interested in taking next date. My contention: Rajesh has misused cheque and also misleading court compromise petition for Vinod. So I required the consent of Vinod before issuing the cheque.
Asked 7 years ago in Criminal Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
9 Answers
You should submit written statement in honble court through your lawyer that you have sufficient balance in your account due to mismatch of signature cheque has been return. If your lawyer delaying then immediately change your lawyer, matter is not serious even you can hire a junior lawyer this case.
Once the prosecution witness evidence is completed you can file a petition seeking permission of court to examine yourself as defence witness and during chief examination you may produce all those documents you rely upon to defend your interests properly.
If you suspect the integrity of your lawyer, you may abruptly change the lawyer instead of knowingly getting your future ruined due to his such dismal and disappointing performance.
Sir you in your examination in chief can bring reply of notice that he hid from court and further the copy of compromise deed where cheque no was mentioned along with endorsement from bank that is was signature mis match no inssuffucient fund.
Further plead before court that you are ready to pay amount today itself and make cheque in name of complainant.
You can bring all the said documents on record when you examine yourself as witness in the said case.you can submit all the said documents and prove your version of story
The only advice that can be given to you at this stage is either follow the directions of your advocate you have appointed, or; if you aren'tsatisfied with his services, change your advocate.
You have to reply in the court regarding this as the motive of the check was something else and you have to produce your bank statement in support of your claim and also the sale agreement to prove your statement in this regard the cheque issued in one person's name cannot be given to any other person because this is non negotiable instrument only the rightful owner of the cheque can get into the bank and in case the cheque in his own paper this check cannot be mortgaged in lieu of any other loan.
Dear Sir,
It is very crucial case and you may not get an opportunity to represent your case properly. You are advise to approach High Court under Section 482 of Cr.P.C and get stay on the said cheque bounce proceedings and later it will be quashed. It will avoid unnecessary attending Magistrate Court.
1. please inform in whose favour did you issue the cheque?
2. was it Pay to Rajesh or bearer ?
3. or was it Pay to Rajesh with bearer cancelled ?
4. was the cheque an account payee cheque ? did you cross the cheque?
5. your liability is towards Rajesh and not towards Vinod
6. Rajesh in turn may be indebted to Vinod for which he gave Vinod the cheque which was drawn by you
7. so you and Vinod have no connection
8. there is no privity of contract between you and Vinod
9. if Rajesh owed something to Vinod and to clear that he gave Vinod your cheque towards discharge of Rajesh's liability to Vinod, then when Vinod presented your cheque for encashment, it ought to have been honored
10. since you are ready to honour the cheque but with a condition that Vinod must give his consent, I suggest you simply issue a fresh cheque to Rajesh (it should be an account payee crossed cheque) and end the complaint which Rajesh has filed against you
11. now whether Rajesh clears his liability towards Vinod, is Rajesh's lookout and you are no way concerned about it
12. if you want to bring on record certain documents then you can simply annex them to your affidavit in lieu if examination in chief, provided you have made necessary pleadings in your written reply (to the complaint) about these documents
