(Querist) 29 January 2020
This query is : Resolved
Respected experts, I have filed 4 cases u/s 138 of the N.I.Act. Cross examination of the complainant and further statement of the accused is done. Accused has submitted her examination in chief. Cross examination of accused is also done in 2 cases, inwhich accused wish to produce further evidence and other 2 cases are pending for accused cross examination but accused is intentionally avoiding trial and not remain present before the court, her lawyer is also planning to retire from the cases. Now my question is , whether court permit me to submit final arguments and pronounce judgement? Or what should I do in the interest of justice.
KISHAN DUTT KALASKAR
(Expert) 29 January 2020
Dear Sir, It all depends upon discretionary power of the Trial Court judge. You may close the side of defence and take your arguments and pronounce the judgment.
Raj Kumar Makkad
(Expert) 30 January 2020
The presence of accused is must on each and every hearing failing which his surity bond shall be forfieted and even non-bailable warrants shall be got issued and if the same is not executed, he can be declared as proclaimed offender under section 82 of Criminal Procedure Code and ultimately the court can decide the complaint.
Evidence of accused shall be counted only if he has produced himself for cross-examination.