Limitation of Adjournment by Defence Evidence
DR. R.R.ARORA
(Querist) 06 February 2010
This query is : Resolved
In NI Act, Summary trial case, how much adjournments & Time would be taken by the defence to show his evidence. Any Supreme Court Rulings & Allahabad High Court & any other High Court Rulings.
Arvind Singh Chauhan
(Expert) 06 February 2010
No time limit has been fixed by statute, it is court's discretion.
DR. R.R.ARORA
(Querist) 06 February 2010
is there any court decision to barred defence evidence as from past 15 years Defence has not shown evidence for his defence
Raj Kumar Makkad
(Expert) 06 February 2010
15 years?????????????????
It is strange to know. Move to High Court immediately and get direction to this effect. No such inordinate delay can be made in any case and especially in such cases.
Adinath@Avinash Patil
(Expert) 07 February 2010
THERE IS NO TIME FIXED BY STAUTE BUT IN YOUR CASE 15 YEARS DEFENCE HAS NOT LEAD EVIDENCE IT IS STRANGE.
YOU SHOULD NOT WAIT SUCH TIME YOU SHOULD HAVE TO MOVE APPLICATION IN TRIAL COURT FOR ACCUSED IS NOT READY TO LEAD EVIDENCE HENCE ACCUSED EVIDENCE BE CLOSED AND MATTER SHOULD BE FIXED FOR FINAL ARGUEMENTS.
Parveen Kr. Aggarwal
(Expert) 07 February 2010
Section 143 of the Negotiable Instruments Act, 1881:
(1) ...........
(2) The trial of a case under this section shall, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing.
(3) Every trial under this section shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint.
DR. R.R.ARORA
(Querist) 08 February 2010
Now they have taken extra time under 217 Cr. PC. Magistarte had given so many time and had charged so many times cost. 313 also has been Recorded. But now the Defence is asking to give more evidences but he has not given any list of evidences. What can I do so to seek justice in less time.
Parveen Kr. Aggarwal
(Expert) 13 February 2010
You may file a petition under section 482 of the Cr. P. C. before the High Court against grant of unnecessary adjournments and hopefully the High Court would fix time limit for the trial court to decide the matter in the light of the provision contained in section 143(2) and (3) of the N. I. Act.
