Saturday, 3 October 2026

SECTION 138 N.I. ACT

 *CROSS EXAMINATION OF COMPLAINANT: *

1. Please tell the Court your occupation and monthly income.


2. Do you file Income Tax Returns? If yes, have you disclosed the alleged loan amount in your ITR?


3. What was the exact date on which the alleged loan was advanced?


4. Was the loan advanced in cash or through banking channels?


5. Do you have any written agreement, receipt, promissory note, or acknowledgment executed by the accused?


6. Can you produce any bank statement showing withdrawal of the amount allegedly advanced to the accused?


7. What was the source of funds for advancing such a substantial amount?


8. Were any independent witnesses present when the alleged loan was given?


9. Did you charge any interest on the alleged loan?


10. Have you ever lent money to other persons in a similar manner?


11. What was the purpose for which the accused allegedly borrowed the money?


12. Did you issue any written demand or reminder before presentation of the cheque?


13. Is it correct that no document exists showing the liability of the accused except the cheque in question?


14. Is it correct that the particulars on the cheque were not filled in by the accused in your presence?


15. Did you obtain the cheque as a security cheque?


16. Is it correct that the cheque was handed over blank/signed only?


17. Can you produce any document showing the exact outstanding liability on the date of presentation of the cheque?


18. Have you maintained any account books or records regarding the alleged transaction?


19. Is it correct that the amount mentioned in the cheque does not correspond to any written settlement or acknowledgment?


20. Did you receive the cheque directly from the accused? If yes, when and where?


21. Have you filed any civil suit for recovery of the alleged amount?


22. Is it correct that no written demand for repayment was made prior to depositing the [cheque]


23. Is it correct that the accused had disputed the liability before presentation of the cheque?


24. I put it to you that no legally enforceable debt existed on the date of presentation of the cheque.


25. I further put it to you that the cheque in question was issued only as security and has been misused by you.


*Note*: This is just for informational purposes only and serves as a general guide. Take note that questions may vary based on the specific facts and circumstances of the case.