138 ni act cross examination

Querist : Anonymous (Querist) 09 May 2025 This query is : Resolved
Sir in 138 case the accused advocate had done part cross examined the complaint and didn't complete the same.
Now accused is taking times from last several dates and not completing the cross examination.
The complainant advocate requested the magistrate to close his opportunity but he is not doing but only giving last opportunity.
What to do.
Thanks in Advance.

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Quick Summary

This discussion addresses a situation in a 138 NI Act case where the accused's advocate has not completed the complainant's cross-examination, despite multiple adjournments. The complainant's advocate sought to have the opportunity closed, but the court has repeatedly granted last chances. Advice suggests insisting on closing the cross-examination or proceeding with defence evidence if the complainant's evidence is closed. The court eventually closed the complainant's evidence, and further discussion touches on the possibility of the accused filing a petition to recall the witness for further cross-examination, though the court's leniency in such matters is questioned.

T. Kalaiselvan, Advocate (Expert) 09 May 2025
If the court has posted the matter for last chance, you may ask your advocate to insist on court on the next date about it or to close the cross examination of the defence counsel and post it for defence evidence if there is no further evidence from your side.

Querist : Anonymous (Querist) 09 May 2025
Thanks sir the court had closed the evidence.

Dr. J C Vashista (Expert) 10 May 2025
After closing complainant's evidence the Court shall proceed as per law.

T. Kalaiselvan, Advocate (Expert) 11 May 2025
If the court has closed the cross evidence then what is your problem, your problem is already solved but you have unnecessarily approached this forum.

T. Kalaiselvan, Advocate (Expert) 11 May 2025
Once the accused side did not show interest to continue the cross examination then the court will not wait for them to come to court at their convenience.
However the accused may file a petition at a later stage for reopen and recall witness from cross examination.

Advocate Bhartesh goyal (Expert) 12 May 2025
Yes,accused may file petition to recall the witness/complainant for further/remaining cross examination if he has any sufficient reason and court may allow accused to complete remaining cross examination in interest of justice. on cost.

P. Venu (Expert) 12 May 2025
The facts posted are less than convincing. It is the general rule that Courts will not show any such leniency.
What is the Case No.? Which Court?

Dr. J C Vashista (Expert) 13 May 2025
Either the author is unable to post real issue and concealed material facts or posted as a moot court topic for debate.

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