Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 09 March 2013

Complainant is not in india

Hi,

In one of my ( i m from accused) case the complainant is out of India even before filling the complaint , his attorney holder ( father of complainant ) did all the formalities of case. Now cross is due in near future . Attorney holder is insisting now that he shold be crossed because he knows each thing of the case . Basic problem is that complainant has settled in Canada with his family and he can not come for cross examination . What is legal status of this situation ? , if some SC rulling is available in my favour pl code it.

Thanks.

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3 Replies

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com) 09 March 2013

Well POA can file and continue the case but it is an expert job cross examination where the case can be demolished.

So proper home work since you will not get any exact citation for the given case.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 09 March 2013

Hi,

Can i force to call complainant instead of POA ?

Sudhir Kumar, Advocate (Advocate) 10 March 2013

It is for the complainant to come forward with his evidence and prove his case. It is not for you to hepl him to prove his case by forcinghim to be in India.

You have not disclosed facts of the case

PAO holder may or may not be a competent witness. Hemay or may not be aware of full facts of the case. He can come as witne3ss and you advocate in x-examination prove that he knows nothing.