cross exam.NI Act 138

Querist : Anonymous (Querist) 26 March 2010 This query is : Resolved
When the complainant is asked by an application to the court to produce books of accounts pending cross exam.and when such documents are produced,whether the other side has right to cross exam. the witness on books of accounts produced ?

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Parveen Kr. Aggarwal (Expert) 26 March 2010
Yes.

Kiran Kumar (Expert) 27 March 2010
yes the other party has a right to cross examine, such documents will not come admitted per se.

G. ARAVINTHAN (Expert) 27 March 2010
yes. can examine the witness with the evidence he produce and can mark the same also

Arvind Singh Chauhan (Expert) 27 March 2010
I do agree with all above experts.

adv. rajeev ( rajoo ) (Expert) 27 March 2010
I also agree with the above answers

Querist : Anonymous (Querist) 27 March 2010
Though I agree with the above opinions however I could not resolve ipact of 163 of Evidence Act in this regard.

yogesh bawiskar (Expert) 27 March 2010
i agree with aravinathan ganesan

Querist : Anonymous (Querist) 27 March 2010
thanks to all experts.

Parveen Kr. Aggarwal (Expert) 28 March 2010
Section 163 of the Indian Evidence Act, 1872:

"163. Giving, as evidence, of document called for and produced on notice - When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so."

What is in section 163 which prevents questions during cross-examination regarding such document?

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