Advocate Srishti Banerjee

Questions Answered by Advocate Srishti Banerjee

Q: Can an email communication be treated as an evidence in a case

if we have communicate our distributor through email for his A/c Balance Confirmation and also we his email ID & same clause in our distributor agreement then its entitle to present the same in court - at that time its communication is acceptable or not under court. above communication of balance confirmation we need to use in U/s 138.

Advocate Srishti Banerjee answered
Yes, communication via email is acceptable. According to Anvar PV vs. PK Basheer and Others [(2014) 10 SCC 473], the Supreme Court held that any documentary evidence by way of an electronic record under the Evidence Act, in view of Section 59 and Section 65 A can be proved only in accordance with the procedure prescribed in Section 65B. Section 65 B deals with the admissibility of the electronic record. Only if the electronic record is duly produced in terms of Section 65B of the Evidence Act, the question would arise as to the genuineness thereof and in that situation, resort can be made to Section 45A - opinion of examiner of electronic evidence. The certificate under Section 65B can be given by "any person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities such as director of a company, network administrator of a company, user or computer operator during that period.Hence, to answer your question a copy with the email can be given accompanied by a Certificate under Section 65B (4) of the Evidence Act.

Q: What to do i filled a false case against my friend

Hi I lodged a complaint in 2014 against my friend regarding harrasing though it was not true as my parents forced me to do so. But no action was taken against him fortunately, I gave a written complaint and I got a photostat copy of my complaint from the PS. My friends brother is in defence he is being promoted to some other defence agency of india for which his whole family background will be check. As no action was taken by the police not even a call was done by them to my friend is it going to reflect as criminal record and if yes, so please provide me a solution to get out of it as I don't have even the photostat of that complaint

Advocate Srishti Banerjee answered
Offence under Section 354 of the IPC, which defines the offence of “Assault or use of criminal force to woman with intent to outrage her modesty” is a non-bailable offence and it is a cognizable offence. Further, this offence is a non-compoundable offence. In the case of cognizable offence, if the Police did not register the Complaint as an FIR and provided you a copy of it, then all likelihood there should not be a problem and it should not show on your friend's record. Incase the FIR is registered and the chargesheet has not been filed the anytime before chargesheet is filed you can withdraw complaint by writing a letter to the Station head of the police station where FIR is lodged. If the police refuse to withdraw complaint, you can ask accused to move to get complaint quashed and give evidence to judge stating that you wish to withdraw your complaint.

Q: Can a case be filled for cheque bounce

We have issued PDC cheques to a builder from whom we have bought a flat. for which there is no written agreement. now we have come to know that he is selling same kind of flats in same society with around 8 lakhs less amount. this shows he has cheated on us. Since there is no written agreement and he is adamant to lodge those cheques. can I make stop payment of those cheques.. Can he file case on us for bouncing of cheques. what is other way out.. please guide.. its a matter of 8 lakhs. he has sold us that flat in 8 lakhs higher price..

Advocate Srishti Banerjee answered
In the Supreme Court judgment Rangapappa vs. Sri Mohan , (2010) 11 SCC 441, it has been held that Section 138 of the Negotiable Instruments Act, 1881 can indeed be attracted when a cheque is dishonoured on account of "stop payment" instructions sent by the drawer to his bank in respect of a post dated cheque, irrespective of the insufficiency of funds in the account. Further, in the case of Goaplast (P) Ltd. vs. Chico Ursula D' Souza, (2003) 3 SCC 232, the Supreme Court also referred to Section 139 of the Act and held that it has to be presumed that a cheque is issued in discharge of any debt or other liability. Once a cheque has been issued by the drawer and merely because the drawer issued a notice to the drawee or to the bank for stoppage of payment it will not preclude an action under Section 138 of the Act by the drawee or the holder of the cheque in due course. Therefore, the principle laid down by the Supreme Court in terms of "stop payment" instructions by the drawer is that even in these cases an offence under Section 138 of the Act could be made out. Therefore, inspite of the fact that stop payment instructions have been issued by the drawer, if the cheque is presented by the payee in the bank and if it is dishonoured, the offence of cheque bounce may still be made out in this case.Further, another course of action that can also be taken by you is to get an FIR registered against the Seller and the broker (if any) for cheating and criminal breach of trust under Section 409, 415 and 420 of the Indian Penal Code .