• Cheque bounce

Complaint was Registered against Me under section 138 of N.I act .Entire Case is Based On Unregistered Sale Agreement But This Sale Agreement is Forged.
Complaint Submitted Along With Xerox Copy Of Unregistered Sale Agreement .Actually Cheque was Issued to Complaint's wife As Security for Loan taken by Me.
My Lawyer Strongly Objects to Consider this Xerox Copy Of Sale Agreement.Court Upheld Our Objection and Rejects to Mark the Forged Sale Agreement.Opposite Party Appealed this Judgment in District Court.District Court Also Reject their Appeal.
Now My Question Is Why Magistrate Dismissed this Case Without Original Sale Agreement.Is It Possible To Run The Case Without Proper Evidence.
Unnecessary Harassment From This Complaint to me.
Please Reply With Good Suggestion.Please Don't Show My Name and Photo in ur Website.
Thanking You 
H.Raghavendra.Rao
Asked 5 years ago in Criminal Law
Religion: Hindu

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14 Answers

Dear Sir,

The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision.

Prosecutors and defendants in criminal proceedings may present evidence in support of their cases. The state has the burden of proving guilt beyond a reasonable doubt, while the defendant may present evidence to challenge the state’s case. Each side should have the opportunity to review the other side’s evidence before trial and object to the introduction of certain evidence before or during trial. In criminal cases, defendants may move the court to exclude evidence that the state obtained in violation of their constitutional rights.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

It can't be dismissed now it will be tried completely and after final arguments you will acquitted. 

Prashant Nayak
Advocate, Mumbai
32077 Answers
183 Consultations

4.1 on 5.0

Complainant has to produce original sale agreement 

 

 

2) complainant can rely upon xerox copies when original are lost 

 

3) if signature are forged on documents it has to be sent to hand writing expert for his opinion 

 

 

Ajay Sethi
Advocate, Mumbai
94932 Answers
7574 Consultations

5.0 on 5.0

See.the party can go to high court to challange the order if there are no proper evidence of debt or.it is forged the court may reject there appeal also.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Client, 

If the next time unnecessary harassment to you than take action him.

 

You may call me through KAANOON for more detail.

Mukesh Kumar
Advocate, Jaipur
92 Answers

4.9 on 5.0

1.  In a criminal case (like 138 N.I.Act), ONLY original documents can be produced as evidence.  Photocopies are not admissible as evidence.  Hence in absence of original documents, the case has to be dismissed and further appeal even in HC is also not possible.

2.   However opposite party can file Civil Case to recover money, AGAIN provided proper original documentary evidence and witnesses are available.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

IN cheque bounce cases, even without agreement, case is maintenance as presumption of enforceable debt in favor of cheque holder.

copy of Unregistered Sale Agreement rejected due to non admissibility of such document as per evidence act. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

In cheque bounce cases the burden of leading rebuttal evidence will be on the accused. The court will raise presumption regarding the passing of consideration once cheque is admitted irrespective of supportive documents.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Xerox copy of any document is not admissible in evidence. In case the other party admits the Xerox copy of any document, in that case you are not required to prove it but otherwise, the the Xerox copy is not admissible.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The case may be based on the sale agreement, however it is a cheque bounce case, hence the complainant will be allowed to prosecute his case, you may have to challenge it properly and get it dismissed on merits and with the support of documentary evidences in your side.

T Kalaiselvan
Advocate, Vellore
85133 Answers
2218 Consultations

5.0 on 5.0

No it is not possible to prove the case without proper evidences against accused.

The burden of proof now is on complaint to prove his case and not he cannot change the cause of action from property transaction to cheque for security of loan. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Magistrate now at this stage cannot do anything except recording of all evidence after that he will pronounce judgment. 

Now you have only remedy that is by filling quashing petition before high court on the ground of forged agreement he was trying to produce

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the Magistrate has used his discretion to decide the matter which has been envisaged in him by law.
  2. Yes, he has not only gone through the forged of it but also the fact that the same is not been registered one.
  3. Though there can be argument in further appeal by the other side that without presence of original agreement, judge should not have relied upon the photo copy irrespective of his discretion power with him.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

You can request the court to impose cost on him and ask for damages. Furthermore, you can file a case for defamation.

Aman Shrotriya
Advocate, Rajkot
21 Answers

4.8 on 5.0

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