Cr.p.c.
sridhar
(Querist) 05 February 2012
This query is : Resolved
can anybody please help me regarding this....
This is a case of Complaint under Section 138 N.I. Act and am appearing for the Accused. I wanted to confront the complainant with some documents during his cross examination to which the judge has advised me to file a petition. I am unable to make out under which provision of cr.p.c. this petition would be filed.
I will be thankful to the one who answers the question soon as i require this to be filed tomorrow morning.
Advocate. Arunagiri
(Expert) 05 February 2012
You can not cross examine any witness, with a document which was not marked.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 February 2012
CHEQUE BOUNCE CROSS
You have given the cheque and it is bounced still the case can be won in the court since there are many technicalities and hurdles which the complainant has to cross to win.
1) Resist the production / introduction of evidence in between stages by the complainant and
2) by clever cross examination any accused can win cheque bounce case very easily.
The methods to win for accused of any cheque bounce case is safe , sure and simple. Just see a simple example- GOD IS NOW HERE and GOD IS NO WHERE.
Not a single word is changed still the result is different , it is the skill of the pleader.
Take another example a person asks a master –
a) can I smoke while praying : answer was NO.
b) another person asked can I pray while smoking : answer was YES.
WHAT IS THE DEFFERENCE IN BOTH SITUATIONS NOTHING EXCEPT CLEVER MANIPULATION AND RESULT IS ENTIRELY DEFFERENT.
These tactics can be applied by any ACCUSED in any criminal case provided proper home work is done. It is easy , simple and sure to bring results.
sridhar
(Querist) 05 February 2012
Thanks JSDN and Arunagiri for your answers here.
But, my query remains unanswered since the Judge is insisting that i should file a petition for confrontation of the documents to the Complainant during his cross examination. Kindly answer the query to the point if possible. I don't intend to offend anybody here.
Advocate. Arunagiri
(Expert) 05 February 2012
You can file an application u/s 243 (2) of cr.p.c.
243. Evidence for defence -
(1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.
(2) If the accused, after he had entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing:
Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice.
(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.
sridhar
(Querist) 05 February 2012
So many thanks for your inputs here Mr. Arunagiri...I find this caselaw useful.
But, I have one more query....
I think i should not start my defense evidence and open up my Pandora before completing the cross examination of complainant. Hence, i wanted to confront the complainant with these documents, which would certainly go to show that the complainant is suppressing relevant facts, during his cross examination itself.
Can I do this with the help of a provision under Cr.P.C.?
Guest
(Expert) 05 February 2012
in evidence act there is no bar to produce any document which is relevant in cross examination. The judge has no such authority . The trumph card can only be opened at the cross in complainant only and not in accused chief examination. simply file memo and proceed.
Advocate. Arunagiri
(Expert) 05 February 2012
If I am in your possession, I will not produce the documents during cross examination.
I will cross examine the witness, will allow him to do give any number of false false evidences. In fact I will drag him to such a situation.
Subsequently, will produce the documents through defense witness and will disprove the statements of complainant. Will establish that the complainant had given false evidence.
Then I will go for 340 cr.p.c. r/w 195 1B cr.p.c. and 193 IPC.
With this I would like to confine myself in this query.
Thanks for the participation.
sridhar
(Querist) 05 February 2012
thanks for your valuable inputs Mr. Arunagiri
Ravikant Soni
(Expert) 05 February 2012
Mr. Sridhar you can produce documents under section 294 of Cr.P.C. and confront the same during cross examination.
sridhar
(Querist) 05 February 2012
Thanks Mr. Ganesan for your good piece of advice. But, that was what (Filed Memo) i did on the previous date of hearing and the Judge objected at the protest of the opposite counsel and asked me to file a petition. I am puzzled if there is really a provision in Cr.P.C. for praying the court to permit the counsel for accused to confront the complaint with certain documents during his cross examination.
I think i may have to take a date tomorrow and think about the strategy to be adopted.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 February 2012
If you are a regular defense advocate , it is simple. No need of any provision.
Just produce the documents at the most other side will ask its copy give it and than confront with your cross.
Mr Arunagiri your proposal has pitfals since if you produce defense witness other side will cross and all his admissions will go against you. IT WILL BE HARAKARI.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 February 2012
And Mr Ganesan you can not cross without producing the document in court records.
Tell us any case where it is allowed.
sridhar
(Querist) 06 February 2012
Thanks Mr. Ravikant, i've gone through the provision under sec 294 of cr.p.c. and i think i can go with this. BTW, i've taken a week's time anyway.
Ravikant Soni
(Expert) 06 February 2012
You were in hurry yesterday. Any way..
dev kapoor
(Expert) 06 February 2012
Hi Sridhar,
Qualitatively much has been said here.May I add something at the cost of a little repetition? In fact Ss.145 & 157 Evidence Act sufficiently provide guidelines for confronting a witness any previous statement or document.There is no need to file application.If we have not understood you properly, I would say is the Court insisting you to file application under S.94 Cr.P.C ?That can be done in cases where you insist the production of any document at any stage.Otherwise,rest assured no need of any application.Besides,with utmost respect to some diagonal opinion,I must appreciate that it is always better to cross-examine the witness w.r.t any document when he is in the witness box without waiting for lodging any litigation on him at a subsequent stage.
If the Magistrate insists for application,go ahead file application & confront dox to the pw.\Good Luck.
