NI Act 138

Advocate Umesh (Querist) 31 March 2011 This query is : Resolved
In NI Act 138 I am Adv. for accused. I have crossed to the complainant. Then Complainant closed his evidence by filing Pursis. I also filed pursis by without examine any defence witness. Arguments of both sides also completed. today the matter is fixed for order. After then today complainant again filled some documents to fill the lacuna. Is it admissible? If no is there any citation to show to the court? Please help. Thank you frie

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DEFENSE ADVOCATE.-firmaction@g (Expert) 31 March 2011
It is objectionable but you have chance to cross him on those documents and without cross the same can not be read in evidence.

Advocate Bhartesh goyal (Expert) 31 March 2011
If the documents are relevant and material for deciding the case then court may pass an order to take them on record although you have right to make objection in this regard also if documents are taken on record you will get opportunity to cross examine the complainant.

Guest (Expert) 01 April 2011
Better side by side the objection, you may request the court to ensure that the document submitted by him is the final one and would not disrupt the flow of proceeding by making any more effort to fill in the lacuna, and also request to allow you to cross-examine him on the basis of that document.

indrajit mukhopadhyay (Expert) 01 April 2011
agree with Mr goyal.

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