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ashok kumar (Social Worker)     24 April 2014

Nia cases-accussed asking for it returns, account books

NIA Cases-Accussed Asking for IT Returns, Account Books

1.Can the accused ask for the Complainant’s IT Returns, Account Books, 2.All the Bills, Vouchers etc from the Complainant in his defence?

3.Can the Court insist on the Complainant to Supply them?

4.Is the Complainant legally bound to supply them?

5.What is the legal impact if the Complainant refuses to Supply them even in after the Direction of the Court?

 

Please guide with Case Laws



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 3 Replies

Sudhir Kumar, Advocate (Advocate)     25 April 2014

yes or no depends upon full facts of the case.ANy document can be sought if relevant for defence.

R Trivedi (advocate.dma@gmail.com)     25 April 2014

If the complainant does not bring on record the facts behind the transactions (which are in the form of written documents), then accused is not obliged to move any process except asking the relevant suggestive question in the Cross.

 

For example in business (sale purchase payment), if the complainant does not put on record the bills, while claiming the liability arising out of such supplies against bills, then in absence of any other evidence to support prosecution case, the complaint fails. Accused is not required to move any process to seek bills, a mere suggestion that bills stated are false or fake is sufficient notice to prosecution to bring these bills on record.

 

If on a court direction a party does not produces any document in its possession, and explanation offered is not satisfactory, then court shall draw the adverse inference on that point.

T. Kalaiselvan, Advocate (Advocate)     27 April 2014

The accused if relies upon the said documents as his defence, he may summon the same through court u/s 91 of Cr.P.C., if the complainant fails to provide them without valid reasons, he may stand losing his case.


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