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Cr complaint cheque bounce.

(Querist) 03 September 2012 This query is : Resolved 
A criminal complaint is filed by a co op credit society.

X manager files final evidence affidavit and later resigns from the said society.

A new Y person comes in and files another evidence affidavit, whether it can be allowed.
ajay sethi (Expert) 03 September 2012
x manager affidavit of evidence is taken on record . he should be cross examined on said affidavit .

YOGESHWAR. (Querist) 03 September 2012
But sir he has left the job so the complainant has filed a new affidavit from Y person.

X person is now not available.
ajay sethi (Expert) 03 September 2012
once X affidavit is taken on record by court he has to submit to cross .

venkatesh Rao (Expert) 03 September 2012
Evidence not subjected to the cross is no evidence in the strict sense. Since the manager X had deposed based on records, now Y, new manager, after getting leave of the court, may file fresh affidavit.
R.K Nanda (Expert) 03 September 2012
Yes, it can be allowed with permission of court.
YOGESHWAR. (Querist) 05 September 2012
If after first evidence in chief another is allowed than it will be endless trial since any party who wants to change pleading can submit another examination in chief.

Experts please go in depth in this matter since it is imp question of law and fact.
ajay sethi (Expert) 05 September 2012
in one of my cases court refused . said once examination in chief taken on record witness has to be cross examined .
YOGESHWAR. (Querist) 05 September 2012
Yes sir , it must be the right position. Other Ld experts having different views may please give the provision of law .
venkatesh Rao (Expert) 05 September 2012
But think of a situation where a witness could not be cross examination on account of his death.


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