People get carried away due to one sided evaluation of HIGHER COURT JUDGEMENTS.You must take all the pleas at lower court and put all efforts to contradict the evidence of the other side. If it is not done no higher court judgement will be helpful for you in appeal or revision.
IInitial time is lost in taking dates and when matter comes for hearing no court will give you time to raise issues since the law mandates that the case should be completed within SIX MONTHS and if not early. Ther procedure is short and so you should not waste initial time.
VERY IMP CURRENT APEX COURT JUDGEMENTS.
LAW IS GETTING UPDATED AND FOR PROPER DEFENSE YOU MUST KNOW WHAT IS HAPPENING.
1) SUPREME COURT HAS SAID IN RECENT JUDGMENTS THAT ONCE THE ACCUSED ADMITS THE EXISTANCE OF CHEQUE IT ALSO MEANS LEGAL LIABILITY.
Many defense advocates do the mistake of admitting the cheque and than taking lousy defense that it was given for SECURITY and what not such stolen cheque.Supreme court has rejected such stories out right. YOU MUST FIND OTHER TECHNICAL MISTAKES WHICH ARE MANY MANY AND MANY.
2) Similarly APEX COURT has given imp judgment about the JURISDICTION. It will be now only at the place where the DRAWEE branch of the bank is located. Many complainants have tried to argue about AT PAR cheques to claim JURISDICTION and it has been rejected practically by all HIGH COURTS.
SO JURISDICTION ISSUE IS MOST POWERFUL DEFENSE. WE WILL TELL YOU HOW TO ACHIEVE IT.
JURISDICTION
THE LAW ON JURISDICTION IS BEING UPDATED BY GOVT AFTER JUDGMENTS OF SUPREME COURT.
NOW THE JURISDICTION IS WHERE THE CHEQUE IS PRESENTED BY THE COMPLAINANT . HERE ALSO THERE ARE VARIOUS DEFENSES STILL ALIVE TO SPOOK THE CASE AT INITIAL STAGE SINCE IN OVER CONFIDENCE THE COMPLAINANT AND HIS OR HER ADVOCATES DO LOTS OF MISTAKES WHICH CAN NOT BE CURED AT LATER STAGE.
But if the complainant makes many mistakes the accused makes many more and the result will be case goes against him. The basic problem is that accused has GUILT COMPLEX and he /she contacts an immature advocate who further creates fear and in the process fast steps are taken which becomes counter productive.
AS I HAVE STATED MANY TIMES HERE AND ELSE WHERE THAT NO LAW CAN BE MADE PERFECT. CHEQUE LAW IS SHORT AND SIMPLE SO IT HAS MANY MANY AND MANY SHORTCOMINGS WHICH MAKES IT EASIER FOR ANY ACCUSED TO SAFELY COME OUT OF IT.