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138 of ni act

(Querist) 12 July 2013 This query is : Resolved 
In case under 138 of NIAct,the Public Prosecutor is engaged as Advocate for accused. I have come across only one judgment that Public Prosecutor cannot be Advocate for acused even in criminal private complaint. I believe that since 138 has been made criminal offence,it becomes economic offence against the State as per the object of the Act,and so Public Prosecutor cannot be on accused side.Can learned friends enlighten me or provide any judgment pl.?
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Adv Archana Deshmukh (Expert) 12 July 2013
Criminal cases where state is not a party, a public prosecutor can represent any party.
Rajendra K Goyal (Expert) 13 July 2013
Agree with Adv Arachana ji, nothing more to add.

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