Marking of Documents in \n.\i.Act.
allurisivajiraju
(Querist) 05 July 2009
This query is : Resolved
Respected Seniors,
There are two cases ( X and Y )between the same parties filed by the complainant against Accused for bouncing of 2 separate cheques.
At the time of Cross Examination of PW-1 in 'X' case, cheque and other documents were marked. Same day it was found that the documents marked were not belongs to the 'X' case but they were belongs to case 'Y'. Actually the documents belongs to the case 'X'were pending in case 'Y'.
In the above circumstances advocate for complainant was filed two petitions one for return of marked documents and another for return of PW-1 affidavit to file appropriate case ie.case 'Y' with out mention any provisions under Cr.P.C.or any other Act.
My doubt is the above said two petitions are maintainable under law. The Court can return the marked documents and affidavit to file another case ?
PARTHA P BORBORA
(Expert) 05 July 2009
no court can retun the documents which are exibited in connecton with a case in any curcumstances
PALNITKAR V.V.
(Expert) 05 July 2009
in my opinion the court may return the documents with the consent of other side if they are wrongly filed. Of course there is no clear provision in CrPC about it.But basically, the court should receive evidence if it is relevant. If the documents are not relevant to the case, the court should not admit the documents in evidence. Butif the court is not inclined, then you may take out a summons for production of the documents !
a.manoharan
(Expert) 05 July 2009
For another case, you can call for the documents already marked in unrelated case. As far as , the 1st case is concerned, you can approach only High Court.
PARTHA P BORBORA
(Expert) 06 July 2009
as the documents are properly marked or exibited it indicates that the magistrate concerned has admitted those documents as evidence. so pl file an objection before the T.ourt.
Uma parameswaran
(Expert) 07 July 2009
I am supporting the opinion given by L Friend Mr.Palnitkar.The documents you are submitted is not related to the first case.So it is not going against you.For second case you can file a petition to call for the documents already filed for firstcase as told by L.ExpertMr.Manoharan.
