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Raju (Senior Executive)     08 July 2013

S.313 crpc

Respected Experts, 

 

I am the acussed and the cross  of complainent is over. In the witness list complainent mentions the name of both the banks as witness, but some rep of the banks came and filed the bank statement, there was no affidavvit or no oath. After completion of complainent cross my counsel requestd the court that banks are to be summoned as there name in witness list, but court said do it in your defense and fixed the date for S.313, next date court issued standard questions and my counsel took date. Now I want to ask if we can file an application to the court for getting some more information from bank before submitting statement under S.313 or pray for deletion of bank from the witness list or we file our response under S.313 ? Pl guide.



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 July 2013

Accused do not have to right to say to change the prosecution wittnesses. Accused can put on his own wittnesses for his case 

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     08 July 2013

Cheque cases are won on technicals otherwise the guilt of accused in presumed.

 

When the  bank witness appeared at that time you should have taken objection, instead of production of accounts his cross must have been insisted.

 

Now if you call bank as witness it will go against you since whatever he will depose will be your admission.

Raju (Senior Executive)     08 July 2013

Some clerk from the Bank came and filed the document, thats all, no affidavit and no oath. Now please tell what to do.

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     08 July 2013

You are not advocate so this problem and same with many others who come on such sites.

 

The summons must have been for producion of accounts and so no afffidavit  or oath needed .

Raju (Senior Executive)     08 July 2013

Dear Maru Sir,

 

So can I file application seeking more information from the bank before filing S.313 statement or I do the same after submitting s.313 statement ?

R Trivedi (advocate.dma@gmail.com)     18 July 2013

Generally nowadays Banks role is limited upto providing the requested document, unless and untill party examines the same specifically, in your case  even though complainant has put the names of bank in his witness list but they were not summoned as witness and process seems to be only the calling of documents.

 

Now if you want any additional document for your defense, you can also apply for the same once you are in your defense that is after S.313. If the document you wish to call is against you, then I do not know, otherwise nothing will go against you.


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