During prosecution in legal court for cheque bounce cases, if the accused says he has not given a cheque to the party than whats the further legal proceedings
thanks
vishal
2 Replies
AnonymousLLB11 Mar 2014, 22:48
the best possible way out is to file quashing petition before the high court or otherwise you have to face the trial.
vk14 Mar 2014, 14:29
It does not matter, as whether the cheque was issued by the Accused or not becomes a triable issue, requiring evidence to be led, and to be considered at the time of final arguments. The accused would therefore need to go through the whole trial, and if he/she proves such a fact, then it would result in an acquittal.
One option available would be to file a quashing petition before the High Court, though I suspect the High court would tell the accused to go through the trial and prove his/her case. IMHO it would only be in extreme circumstances that the relief of quashing would be given. (Such as if the accused was in a coma in a hospital on the supposed date on which the cheque was issued).
2 Replies
the best possible way out is to file quashing petition before the high court or otherwise you have to face the trial.
It does not matter, as whether the cheque was issued by the Accused or not becomes a triable issue, requiring evidence to be led, and to be considered at the time of final arguments. The accused would therefore need to go through the whole trial, and if he/she proves such a fact, then it would result in an acquittal.
One option available would be to file a quashing petition before the High Court, though I suspect the High court would tell the accused to go through the trial and prove his/her case. IMHO it would only be in extreme circumstances that the relief of quashing would be given. (Such as if the accused was in a coma in a hospital on the supposed date on which the cheque was issued).