145(2) n.i. act
Salil
(Querist) 19 May 2012
This query is : Resolved
an application u/s 145(2)for cross-examining the complainant who has given his evidence through affidavit, can be dismissed if no specific objection is raised against the evidence in the said application....??
provide case law if any..
SAINATH DEVALLA
(Expert) 19 May 2012
Application under S.145(2) under NI Act ought to disclose defense of accused to cross examine the complainant. Reply to the same may not be required. However if the application discloses something contrary to record the complainant may file reply to the application. The complainant may give his evidence on affidavits under .But on application of the prosecution or the accussed person the court may order examination of the person who has deposed on affidavit.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 May 2012
Every affidavit of evidence has to be allowed to cross examined otherwise it has no evidence value.
1[Evidence on affidavit.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974.) the evidence of the complainant may be given by him on affidavit and may, subject to all just exceptions be read in evidence in any enquiry, trial or other proceeding under the said Code.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any person giving evidence on affidavit as to the facts contained therein.]
1. Section 143 to 147 ins. by Act 55 of 2002, sec. 10 (w.e.f. 6-2-2003).
Read the words SHALL in the provision.
Shonee Kapoor
(Expert) 20 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
