Dr.Mohit Hegde

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  • dear sir ,

    The accused has filed for conversion of summons case to a warrant case before plea in the trail court , I would like to know in case the court allows the conversion whether the interim relief of 20% which is applicable to the complainant in a cheque bounce case will continue in case of a warrant trail.

    thanks in advance

    Sir ,

    πŸ™πŸ™πŸ™πŸ™
    Thank you for the quick response on the conditions under which the cheque’s Signature issued would be verified by the court . Thank you for explaining the same in length.

    My question to you here is whether under a stop payment of the cheque by the drawer , with the verification that the funds where insufficient , will his reason for the stop payment ( signature mismatch ) have any challenge to try the case under 139 where the Supreme Court has given direction in the electronic trading case that once the drawer issues the order for stop payment and he has not paid after the notice period , it’s the burden on the drawer to prove his innocence on the legal liability.
    And in the process of defence can he ask for forensic of the cheque or the judge will look at all the evidence the complainant has provided to prove the liability.

    Thank you for your quick response πŸ™πŸ™

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