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Is two simultaneous complaint having different story maintainable ?
18-Mar-2024 (In Cheque Bounce Law)
"A" filed a 138 NI complaint case against "B" saying the transaction as Friendly loan though loan agreement,
but later "A" filed FIR 420/406 , highlighting the transaction as fraud done through housing investment scheme and saying that friendly loan agreement was part of conspiracy to gain "A" confidence and to cheat "A".
Though "B" admitted liability and settled, and made statement but didn't make any payment.
Can both complaint sustain ? Can "A" add up the missing part in his Examination ?
If the statement has been made and settlement is done and not being on the terms firstly create itself issue as the person itself after coming into agreement not been on the same . also , the recovery is still possible .
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Adv. Manjeet Singh
Delhi | 5+ Answers
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if there is available a friendly loan agreement documents,the case filed under section 420/406 will not sustain more ,it is very simple to dismiss and take action against him as malicious prosecution. once the court convenience that the case filed is motivated by fraud.
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Adv. Mukesh Kumar Sah
Delhi | 5+ Answers
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Yes A can add missing evidence or witness through re- examination. If evidence of any witness appears to the Court to be essential to the just decision of the case, it is the power of the Court to summon and examine or recall and re-examine any such person. under section 311 of the CRPC or add up new evidence with permission of the court
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Adv. Rishabh Gupta
Delhi | 100+ Answers
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Feel free to raise this issue during B's cross-examination and subsequently highlight this glaring contradiction to the judge. Alternatively, you have the option to escalate the matter to the Hon'ble High Court for quashing. The choice is yours, but action must be taken swiftly and decisively.
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Adv. Arinjay Bisht
Delhi | 5+ Answers
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