Re-opening of closed cross-examination of complianant for 138

anonym (Querist) 12 July 2011 This query is : Resolved
I am accused in a false case against me U/s138.

The story so far.

My first lawyer did not file a reply in time (even after 3rd hearing) due to which chance of cross-examination of complinant was withdrawn. Also fine was imposed stating my negligence with an advice to change counsel. I did that.

The new counsel filed a reply by affidavit which was rejected and oral submission was ordered.
Yesterday they confirmed that cross examination of complinant was closed and my examination in chief started and will be continued in next hearing.

MY QUESTION IS THERE ANY WAY BY WHICH CROSS EXAMINATION OF COMPLAINANT CAN BE RE-ORDERED? IT WILL BE VERY HELPFUL TO PROVE MY INNOCENCE. PLEASE ADVISE.

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Guest (Expert) 12 July 2011
IN CHEQUE CASES NO REPLY PERMISSIBLE AS LIKE IN CIVIL CASES. ASK YOUR LAWYER TO FILE SEC 311 OF Cr.P.C. TO RECALL AND CROSS P.W.1(COMPLAINANT). IF IT IS ALREADY DISMISSED THEN GO FOR REVISION.

DEFENSE ADVOCATE.-firmaction@g (Expert) 12 July 2011
section 311 is not applicable , however SC has given interesting judgement in this matter.

Apex court says the complainant is always supposed to be present and hence no need of recall.

However once the cross is closed you to find some other way out since even revision will not help.

vishal (Expert) 12 July 2011
Mr Your Advocate i am not agree with you, pls provide the Apex Court judgment.

I am Agree with Mr. s. Ganesan.

Mr. Your Advocate kingly go trough the case decided by the Hon'ble SC in this regards. the said judgment is attach herewith

Raj Kumar Makkad (Expert) 12 July 2011
I do agree with vishal. Revision is advised in the given matter.

Advocate Bhartesh goyal (Expert) 12 July 2011
I also agree with the views expressed by Mr Ganesan and Mr Vishal.

Advocate. Arunagiri (Expert) 12 July 2011
S.311 is the right solution.

anonym (Querist) 12 July 2011
Thank you everyone.
Also do I need to produce any concrete evidence to initiate S-311? Also which one should I go for S-311-part-1 or s-311-part-2??
I want this to be a foolproof thing.
Also I am of the knowledge that they have not filed their IT-return for past 6 years. If I prove that will it suffice my cause?

M/s. Y-not legal services (Expert) 13 July 2011
Mostly section 311 petitions will be allowed only. Very rare occasions only its will be dismissed.. However you can file the petition under above said section

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