138 case, I have given blank cheque but I have taken only 1 lakh
I taken hand loan with someone up to one year i paid interest 5% per month then am facing lot of problems i cant pay interest and his capital, then he put 138 case for 10 lakhs
i given him 3 blank cheque but he putted 1 cheque for 10 lakhs he only filled date and amount
i taken from him unacount money he given only cash
now in court evidence done in that affidavit below please help how to cross how to come out
chief evidence of complainant by of affidavit
complainant ............. do here by solemnly affirm and state on oath as follows
i know the accused and facts of this case . i and accused are known to each other and the accused approached me for financial assistance of rs 1000000 for renewal of his bank loan and had borrowed rs 1000000 in the month of march 2015 and agreed to repay the loan amount in the month of june 2015
i submits that towards discharge of the liability of the above said loan amount the accused had issued a cheque bearing no 760222 dated 24-6-2015 for rs 1000000 drawn by the accused on karnataka bank in fvour of me
i had presented the said cheque through corporation bank for clearance and realization, but the same was returned with the drawee bank's endorsement dated 25-06-2015 stated as funds insufficient . the fact of dishonor was made known to me through my bank. subsequently i had got issued a legal notice through R L A D dated 1-7-2015 to the accused bringing to his notice the factum of return of the cheque for insufficient funds issed by him and calling upon him to pay the cheque amount , due by him under the said cheque, within 15 days from the date of receipt of said notice the said returned on 9-7-2015 with an endorsement of postal authority state as not claimed. the accused had not paid the cheque amount even after return of notice. the attitude of the accused goes to show that the accused had issued the above said cheque with an intention to cheat me. this amounts to stern action as per provision of 138 of negotiable instruments act.
i have produced the original cheques issued by the accused, endoresements issued by the banks, legal notice copy issused to the accused and postal returned RLAD cover for kind perusal of this hon'ble court.
where fore i humbly pray the hon'ble court be pleased to punish the accused as per sec 142 of ni act and it is further prayed that the hon'ble court be pleased to order for payment of compensation to me out of the fine amount that may be imosed by this hon'ble court against the accused and order for costs and expenses and such other relief's as the hon'ble court deems fit to grant in the circumstances of the case in the intrest of justice and equity . i swear accordingly .
its complainant affidavit
in this he was not mentioned loan given date and unacount money, and given only blank cheques
please help me how to cross points
Asked in Criminal Law from hassan, Karnatka
1) you should cross examine him how was Rs 10 lakhs given ?
2) whether he has any acknowledgment of loan of Rs 10 lakhs
3) ask him to produce his income tax returns
4) whether loan of Rs 10 lakhs is reflected in income tax returns?
The cross examination is to be prepared by your lawyer after perusal of the complaint, documents on record and the chief. Please do not expect us to prepare questions to be asked in the cross. So if you are not a lawyer then engage a lawyer as this is the task of a trained legal mind. The mistakes committed in the trial court remain incorrigible till the apex court.
A. As per the latest Supreme Court judgement K.Subrami Vs K. Damodara Naidu (2015) 1 Supreme Court Case 99, the Complainant has to prove the Source of income from which alleged loan was mad to accused (which is mentioned in the Cheque). In this case Complainant failed to prove the source of income which amounts to illegal recoverable amount, hence, accused acquitted. This case is applicable to your case. You may ask him to produce IT return for this amount also.
B. Finally, you need to highlight your words towards 1 lakh loan with 5% interest under the 3 cheque security (cheque number should be highlight) to take defense more.
The question you asked now is a matter of trial.
The cross examination shall be done by by your advocate as per the case and the circumstances.
If you feel that your advocate is not competent enough then you may engage another advocate satisfying your requirement.
This seems to be a false case filed with an intention to pressurise you and setle down by negotiations to the extent that he is due.
You can try for negotiation and out of court setlement, if not challenge his case on merits.