Cross examination in cheque bounce #crossexamination #evidence #how

Summary

In this video script, Advocate Mukesh Kumar Gopalvat from Udaipur discusses the importance of accurate dating in check-related legal disputes. He emphasizes that a single incorrect date can lead to the dismissal of an entire case. The advocate advises both plaintiffs and defendants to prepare for common and technical questions related to check cases, highlighting the significance of dates in legal matters. He also provides guidance on how to answer questions about the timing of check transactions and the importance of preparing well in advance with the help of a lawyer.

Takeaways

• 😀 The advocate emphasizes the importance of dates in check-related cases, as incorrect dates can lead to the dismissal of the entire case.
• 📅 Dates associated with the check are crucial, and any mistake in stating them can be detrimental to the case.
• ⚖️ Both the plaintiff and the defendant must be well-prepared with their answers regarding the dates of transactions.
• 🗣️ The video instructs on how to respond to questions about the dates of acquaintance, demand for money, and payment.
• 💼 Technical questions about checks, such as when they were issued, cashed, or returned, are important and must be answered correctly.
• 📝 The advocate advises to prepare for cross-examination by consulting with the lawyer at least a month in advance to prepare answers to potential questions.
• 🏦 The date of the check's clearance through the bank is significant and must be remembered accurately.
• 📑 Any discrepancies in the dates provided in documents like bills or agreements can lead to the case being dismissed.
• 📆 The advocate stresses the importance of being consistent with the dates mentioned in all documents and statements.
• 📈 The video also discusses the technicalities involved in check bouncing cases, such as the proper sequence of actions to be taken after a check is returned.
• 📞 The advocate provides a contact number for consultation and clarifies the process for receiving legal advice or having questions answered.

Q & A

What is the primary concern when dealing with check-related cases in court?

The primary concern is the accuracy of dates mentioned in the case, as incorrect dates can lead to the dismissal of the entire case.

Why is it crucial to prepare for the questions that might be asked during a check case?

Preparation is crucial because incorrect answers can lead to dismissal of the case, and it is important for both the plaintiff and the defendant.

What are the two types of date-related questions that can arise in check cases?

The two types are technical questions and general questions. Technical questions are typically managed by the lawyer, while general questions require personal attention.

Why is it important to have a clear timeline when answering questions about check cases?

A clear timeline helps to avoid inconsistencies that can lead to the case being dismissed. It is important to be precise about dates related to transactions and notices.

What are some common general questions that might be asked in a check case?

Common questions include when the acquaintance between parties occurred, when money was first given, and when the check was issued and cashed.

How can incorrect answers about the date of receiving money impact a check case?

Incorrect answers can lead to the entire case being dismissed, as it may create inconsistencies in the timeline of events.

Why is it advised to prepare for technical questions even if you have a lawyer?

Technical questions may require personal knowledge and cannot solely rely on the lawyer's expertise. Being prepared helps in providing accurate information.

What should one do if they are unsure about the dates related to a check case?

It is advised to consult with the lawyer and review all documents related to the case to ensure accurate answers.

How can providing incorrect dates for check issuance and cashing affect a case?

Providing incorrect dates can lead to the dismissal of the case, as it can create a false narrative that contradicts the actual sequence of events.

What is the importance of knowing the date when a notice was received in a check case?

Knowing the date of receiving the notice is crucial as it is part of the legal process following a check's return, and it affects the timeline for filing a case.

What steps should one take to ensure they are well-prepared for their court appearance in a check case?

One should review all documents, consult with their lawyer, and prepare a list of questions and answers that might be asked during the cross-examination.