138 Negotiable Instrument Act

Chetan (Querist) 26 February 2010 This query is : Resolved
In a case I am on the side of accused
I had called the independant Bank witness and I am takies his Oral Exam-in-chief

the cross is not taken by the complainannt yet.

Whether I can cross examine the witness which has been called by me

If yes, Pls provide provision and case laws''

Thanks

Regards

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Raj Kumar Makkad (Expert) 26 February 2010
No. You cannot cross-examine such summonned withness by you.

ad. creaminall (Expert) 26 February 2010
he is your witness and you already examine him hence you can not cross-examine him. but if complainant is not cross-examine him then you can make an application to the court for close the cross of the said witness.

Shivasurya (Expert) 26 February 2010
I agree with the learned experts, but if you feel the chief examination is not satisfactory, you can file petition u/s.311 Cr.P.C. for re-examination on payment of conveyance to the bank official

Parveen Kr. Aggarwal (Expert) 26 February 2010
But why you want to cross-examine the witness?

Sachin Bhatia (Expert) 26 February 2010
You can not cross examine your own witness but you can re examine with the consent of the court.

Adinath@Avinash Patil (Expert) 26 February 2010
NO YOU CANNOT CROSS EXAMINE YOUR OWN WITNESS.
IF YOUR WITNESS DECLARED HOSTILE YOU CAN CROSS EXAMINE SAID WITNESS.

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