Cross Examination in Cheque Bounce/How to cross examine witness in 138 NI Act/With English subtitles

cross Examination in cheque bounce cases
how to cross examine accused in cheque bounce cases
how to cross examine complainant in cheque bounce cases
limitations to cross examine witness in cheque bounce cases
defence in cheque bounce cases
cheque bounce cases cross Examination from accused and complainant perspective
section 145(2) of NI Act
section 313 and 315 crpc
section 269 SS and 269 T of Income Tax Act
how to shift rebut the presumption against accused under section 118 and 139 of Negotiable Instrument Act
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[@seematoshniwal4040]

Very good information which is very useful

[@yadavyadavendra3134]

Very informative please continue with your lecture series

[@SurendraAdvocate]

✌🏼😊

[@techninja2431]

very nice and informative

[@SurendraAdvocate]

😊

[@neeleshchinchkhede5560]

Thank you for valuable and important information.

[@SurendraAdvocate]

❤

[@yugammalik3765]

Amazing content to learn for young law students keep it up sir

[@SurendraAdvocate]

😊

[@SurendraAdvocate]

I will😊👍

[@SurendraAdvocate]

I hope these videos would reach to the young lawyers & would help them in their professional life🤞

[@rev.dr.n.arulmohanph.d.3350]

If u make it English it wud reach many who don't know hindhi

[@babulalsarkar4292]

I am a regular viewer of your all videos. Sir, no doubt you are a good teacher of law. I am extremely impressed by your lecture. Recently, I hv been defeated in the lower court of an pcd. After seeing this video, a lots of questions my learned advocate didn't do. 1) Not submitted Reply notice 2) Not submitted Partnership deed of dissolution 3) Not submitted pdc which was received by the complement's father by signing the back side of the said cheque. Cheque date was 31/01/2013 & cheque received by his father dtd on 30/10/2012. 4) Cheque was hand over in the presence of five witness . They are not called for witness. 5) My advocate didn't examine complement My question is as follows : A) Am I able to submit the documents which was not submitted in trial court ? If yes, which will be the points to be highlighted before the appelent court ? B) What will the procedure to conduct the witness which was missed ? C) Could We cross examine the complement which was not done in trial court ? I lost the case only because of my advocate poor knowledge about 138 NI act. 7) From your video I came to know that 145(2) , I will hv the opportunity to do so.

[@legallaxiconsk5659]

A Good presentation.

[@SurendraAdvocate]

Thank You

[@ziyanpathanziiya6338]

Verry Importent informetion for Crossexamination in NIA cas

[@Shivam_Chaurasia]

Well Done 👍

[@SurendraAdvocate]

🙂

[@arunmmore5563]

sir ji can u call me on 7045056714/942255948 regarding chq case filing .

[@Lucky-gp1dx]

The tradition of our country , right form independence till today ,has made us trust the results ,what did we get after trusting ,except the results ? It is our nature to obay the times ,

[@advnitinkhade5597]

Nice

[@Mzv-cs9hu]

GOOD

[@sohanlal-ig3mp]

Good explaination

[@SurendraAdvocate]

❤️

[@duyiado692]

really good..

[@SurendraAdvocate]

Thank thank ❤

[@alpeshmehta122]

Nice advice

[@SurendraAdvocate]

Thanks 😊

[@PROUDBRAHMIN]

VERY good sir accused ki help k LIYE aaj kal bhot fake case ho rhe hain

[@SurendraAdvocate]

Yes🙂

[@amyvoyager]

There is no embargo that authorized signatory cannot depose on behalf of complaint ..Well, authorized signatory can depose he is not even necessarily to be director of company only. You may get benefit if he will have lack of information about nature of transaction which give rise to transaction and thus issuance of impugned cheque.

[@SurendraAdvocate]

Exactly sir, benefit of half knowledge and unpreparedness of authorised signatory could be taken in cross examination 😊

[@amyvoyager]

@@SurendraAdvocateagree on it.

[@adv.archanachaudhari3581]

Sir pls we need two different videos on.... Cross by complaint advocate and cross by accused advocate🙏

[@SurendraAdvocate]

Ok sure, will work on it☺️

[@UttamraoChadhokar]

Super ❤

[@amyvoyager]

There is nothing wrong with the defence that the cheque issued in question is security cheque rather it is plausible ground to defend . I have succeeded in many cases with this defence. One needs to carve out defence wisely.

[@SurendraAdvocate]

Yes sir facts and circumstance in every case differ, but the thing is when without vision and blindly defence for security cheque is taken nothing could be more fatal than that. But simultaneously it is also upto opposite party in cross examination how well he disprove defence of security Cheque 😊 I have learnt that Every Case is Defencible....

[@amyvoyager]

@@SurendraAdvocate I appreciate your wisdom.. you are correct it may turn fatal if not dealt with its effectively. One needs to be caution in his approach.

[@maheshdiwan9652]

Sir if cheque issued by borrower then what defence can be taken cheque issued to co operative society.

[@ManojKumar-fz4ri]

Thanks 🙏 brother

[@SurendraAdvocate]

😊💐

[@ranijadhav4633]

Make special question toward accused if we r complainant lawyer

[@SurendraAdvocate]

OK I will

[@rev.dr.n.arulmohanph.d.3350]

Pls make it English thereby it wud reach many

[@sunnythakur1319]

Court ki jurisdiction kese decide hogi check bounce case me

[@SurendraAdvocate]

Jaha par bhi complainant ka bank hoga

[@muralikrishna5787]

Hi sir, very good lecture but ur audio quality not good

[@PROUDBRAHMIN]

SIR PLZ AUR B VIDEO BNAIYEGA ACCUSED K FAVOUR MAI JISKO JHUTHA FSAYA JA RHA H CHQ DELHI KA H DE DIYA AGRA

[@SurendraAdvocate]

Sure I will❤

[@SurendraAdvocate]

If possible, Aap mujhe facts bhejiye m us par video bnata hu cross kaise kar sakte h✌

[@PROUDBRAHMIN]

Sir main aapko bhejungi facts sb same usne bhot logo k sath kiya h uska kaam he chq bounce krana h......sir main sb facts aapko bhejungi thnx a lot

[@SurendraAdvocate]

@@PROUDBRAHMIN sure✌🙂

[@shahidamin1719]

Hi Very impressive video on NIA. Sir is to follow the same procedure for promissory note. Pls reply my question. Regards Advocate Shahid amin.

[@yogeshrohilla1311]

Very through

[@SurendraAdvocate]

Thank You❤🙏

[@factualproof]

Plz give suggestion If I have given cash of 15 lakhs and bank transfer.of 15 lakhs in good faith and have a promissory note and cheque against it can I file chq bounce How should I show 15 lakhs cash even though I have taken fro. My family members and given to accused , also have shown in ITR as loan taken 15 lakhs Is this fine.

[@SurendraAdvocate]

Please call your question is not clear 9654397323

[@s.skaushal4316]

Voice quality is poor, plz increase voice

[@SurendraAdvocate]

Please try to read with subtitles as now not possible ❤️

[@jayantabiswas1402]

Sir mera wife ne Bank se lone liyatha meine grantar tha . But wife defoltter Ho gaya. Fer meri jomin jo Bank me grunter ke liye joma tha o jomin bech ke ( jomin jisne khorida usne drift ME Pament diya) joint account ME o pisa joma kiya.. But wife ne apna lone account me transfer kor liya. (Wife gov. Job korta he) Mereko cheque diya tha kuch din Bad (salary account se lon Lange bolkor) Pament denge Bol kor.... But cheque bounch ho gaya.me abhi kiya koru Sir.

[@SurendraAdvocate]

Aap unko bolo apne account m paise rakhe aur aap cheque dubara present kar do, 3 months k ander aap cheque kitni baar bhi present kar sakte ho...

[@amyvoyager]

What section 118 NI Act has to do with cross examination ? Once the signature on cheque it will lead to presumption under section. 118 NI Act and then burden of proof as per section 139 of NI Act will be on accused that no legal liability or debt has arisen upon accused from cheque. Issued in question. Cross examination ha nothing to do with section 118 NI Act. I am in profession for decade and I believe defence cannot be stereotype. It needs to carved as per facts and circumstances of case.

[@SurendraAdvocate]

Yes sir defence has to be as per facts and circumstance of case therefore blind defence of security cheque is opposed and ultimately it is accused who has to shift his burden of proof and reference to section 118 and 139 NI Act given in that context to understand better 😊🙏

[@SurendraAdvocate]

❤️💐

[@amyvoyager]

@@SurendraAdvocate I adulate your wisdom and kind gesture..

[@ramakrishnan9334]

Sir good evening. I have seen your video. It was very impressive. Thank you sir. Sir i have given one person 12 lakhs rupees sir on loan basis returned within 5 month. For that he has given two cheques one for 6 lakha second one also 6 lakhs only with his sign. Date and name and amount filled by me. That cheques were returned from bank. Because of account closed. Now what i should do sir. 20:41 20:41 20:41

[@mehukon9667]

Sir isme cash transaction ho to complainant side ke strong points bataiye plz

[@neeleshchinchkhede5560]

How we can explain whether cheque was build or unbuild?

[@SurendraAdvocate]

Meaning?

[@amittiwari2911]

Satya pareshan ho sakta hai prajeet nhi,,,,

[@SurendraAdvocate]

True

[@RakeshGupta-w9u]

Demand Notice sent under N I Act, amount demanded was less than dishonoured cheques amount. Accused pleaded not guilty. Accused did not take the defence of defective notice, while statement recorded u/s 313. Now, at the evidence stage, accused submits that demand notice was defective and complaint not maintainable. I am from complainant side. Please help. Rakesh Gupta Advocate

[@balrajsahni8223]

Sir mujhe LLB krna ha pr ma 9 to 4 office ha kuch suggest kijiye air ma delhi Judicial service exam me appear hona chta hu.

[@SurendraAdvocate]

Have you done your graduation?

[@balrajsahni8223]

@@SurendraAdvocate yes sir

[@balrajsahni8223]

@@SurendraAdvocate and i am living n delhi

[@balrajsahni8223]

@@SurendraAdvocate or kya delhi high court me junior judicial assistant llb kr skta h or kaise?

[@SurendraAdvocate]

Yes there were many with us who have completed their LL.B attending evening classes, but just let me go through latest development right now in faculty of law

[@kotlasudharshanreddy4750]

Audio very bad

[@SurendraAdvocate]

Oh! Let the lockdown gets over, i will improve audio and video quality in upcoming videos.. If you suggest, i would add English transcript of this video, would it be better then?

[@SurendraAdvocate]

In my first video of Cheque Bouncing i have already added english Subtitles, will upload to this video too..

[@SurendraAdvocate]

I have added subtitles for your convenience, you may use headphones too for good sound qualify. Thank you for your valuable suggestions 😊

[@mollysequeira7660]

If I am complainant but don't have any documents except sign on bearer check by accused by collecting Money from bank and I am never lying a railway emplyee we ho only wanted 2 help the accused has honesty no value in the eyes of law

[@burhanimeterrepairing3071]

Sap SAHEB ki voice thik nahi aa rahi

[@samiuddinkhanadvocate6531]

Three defences of accused are not clear

[@SurendraAdvocate]

Sir, Three stages of defences in general terms/layman language I mean three stages where the accused open his basic defence First at the stage of reply of legal notice, Second at the stage of moving application of section 145(2) N. I Act and Third at stage of framing of notice by concerned magistrate... An accused must have a clear vision about defences he is taking from very begining... changing defences time to time may cause inconsistency or contradiction with his previous defence, and benefit of same could be taken by complainant side and will also create doubt in judge's mind...

[@SurendraAdvocate]

Is your quarry is clear sir... 😊

[@samiuddinkhanadvocate6531]

Thanks. Its clear.

[@SurendraAdvocate]

😊

[@GPAT2021]

You'r doing great work Thank you for your advice I wanted to make discussion with you for my personal matter so if you can give me your email or anything to connect will be great.

[@SurendraAdvocate]

[e-mail] #9654397323

[@badmintonbeats45]

Case was filed under 138 act Summons will be held on 26/7, That time can i need to take JAMEEN for that ?

[@badmintonbeats45]

After Hearing

[@neeleshchinchkhede5560]

Which stage is called framing of notice?

[@SurendraAdvocate]

It is immediate after pre summoning evidence and appearance of accused person after filing of bail bond

[@RaviKumar-xz4oq]

Sir Maine ek bande ko paisa diya tha 2lakhs RTGS aur 9.5lakhs cash Maine agreement bhi Kiya hai Pura 11.5kakhs ka uska 4 cheque bounce hogaya ( actually usne agreement uska Ghar bhejne ke liye Kiya tha lekin usne Ghar ka papers nahi diya tha mujhko uske wajah se usne mujhe cheque diya tha, Ghar ka papers nahi diya uske liye Maine usko bolkar cheque bounce Kiya, bank memo report ke sath legal notice bheja naine usko, kuch reply nahi aaya taraf se mujhe fir Maine section 138 NI Act tahet case dala, Kya mujhe court me ITR file ka zaroori hai?

[@SurendraAdvocate]

Please call 9654397323

[@saleemmulla3479]

Sound is eco no clear voice

[@jitendrapol4728]

Why relation is a matter, cheque is enough.

[@SurendraAdvocate]

Yes you are right, but it's more about how both parties know each other, sometime what practically happen is a person to whom cheque has been issued ask that person third person to use that cheque against the drawer, in that case practically leading these cross questions may help to disprove that there was no legally enforceable debt and liability against this third person

[@jitendrapol4728]

@@SurendraAdvocate I need to talk with you.

[@SurendraAdvocate]

You may call in evening 9654397323

[@raginiverma8372]

Sir kya aap se phone per baat ho sakti hai Sir hame bhi kisi goothe cheque bounce Case m fasadiya h please helpme

[@SurendraAdvocate]

Yes you may call

[@ms.bfederation4086]

Manoj bajpai

[@SurendraAdvocate]

❤️😀🇮🇳

[@amittiwari2911]

Voice clear nhi hai

[@SurendraAdvocate]

Will improve

[@hosakerekariyappashivanna3485]

I Hosakere Kariyappa Shivanna one of Dr Radha Krishna taken amount from me Rs 30Lakhs Honnerable courteOne year jail convicted. Now he is taken Bel RS 9Lakhs paid to court Remaining amount Iam given to said But He is given His given surity Court Iam asking you what is next

[@SurendraAdvocate]

Please call 9654397323

[@mehukon9667]

Accuse agar 145 (2) application na de to ???

[@hasmukhpatel4694]

क्या आरोपी से जिरह की जा सकती है?

[@rinkupinkustar7618]

Awaaj barabar nahi bhaiya

[@SurendraAdvocate]

Aage s dhyaan rakhenge abhi please adjust with this🙏

[@cspoonamyadav9412]

Sir family matter hai..first mere ek family member ne due letter bheja..uska reply karne pehle hi unke pass mera ek cheque pada hua tha closed account ka aur unhone wo deposit kia aur bounce hua cheque.(due amount aur cheque ka amt unhone same daal kar deposit kia).but mene koi cheque nahi diya tha...joint family tha to unke pass pada tha humne no due reply cheque bounce hone ke baad diya aur hume pata hi nahi chala koi cheque bounce hua bcoz account close tha...wo jab mere family member ne 138 la notice bheja tab mujhe pata chala..unhone fraud karke deposit kia 138 me fasa ne ke liye....lekin bank account ke time jo balance amt tha mere account me mene unko trf kia tha...aur unhe bhi pata tha wo account closed hai...sir mera defences kya hona chaiye??plz help

[@SurendraAdvocate]

Agar account closed bhi kra diya hai tab bhi cheque bounce ka case dala ja sakta hai, aap mujhe mere number par ya email par [e-mail] par wo legal notice ki copy bhej do m dekhta hu aapke kya defence bnte hai...

[@cspoonamyadav9412]

@@SurendraAdvocate sir but account closure ke time jo bhi bank account me balance tha in 2017 wo unke account me transfer kiye the paise account closure ke time. Aur unko pata tha account closed hai....but unke pass rakha hua cheque misuse kia hai unhone now in 2020...

[@SurendraAdvocate]

@@cspoonamyadav9412 cheque bounce ka case cheque ki date aur uske bounce home ki date s bnta hai, par y aapke defence k liye ek accha ground ho sakta hai.... Isliye kha jata hai filled cheques issue krne chahiye blank cheque ka future m kabhi bhi misuse kiya ja sakta hai..

[@arindombhattacharjee725]

Sir can I contact you??

[@SurendraAdvocate]

Yes My contact number 9654397323

[@ramjaschaurasia7526]

GOOD

[@SurendraAdvocate]

😊