Fighting my own case
anonym
(Querist) 12 July 2011
This query is : Resolved
I have been falsely implicated us 138.
The story so far:
Earlier counsel was negligent and did not file my reply in time. Cross examination of complainant opportunity gone after 3 hearings. Chaned my counsel as advised by judge.
2nd counsel sends his junior who has no knowledge of procedures like application filing and all. Further weakened my case.
Cross examination formally closed and my Exam-in chief started and is midway.
For you expert people I got the advice that S-311 should be invoked to re-consider closure of cross examination.
MY QUESTION:
THOUGH NOT BOASTING OF MYSELF BUT IF GIVEN A CHANCE FOR CROSS EXAMINATION OF COMPLAINANT- I CAN PROVE MY INNOCENCE IN ONE HEARING.
SO IF MATTERS BECOME WORSE AND MY COUNSEL IS NOT ABLE TO HANDLE IT- IS THERE A WAY WHERE I CAN DIRECTLY CROSS-EXAMINE THE COMPLAINANT AND WITNESS??
Out of Court
(Expert) 13 July 2011
what is the facts of the case .....
adv. rajeev ( rajoo )
(Expert) 13 July 2011
You can conduct your case. Your advocate has to retire from the case first.
Advocate. Arunagiri
(Expert) 13 July 2011
You or your advocate can alone handle the case. You can not play a musical chair.
Ravikant Soni
(Expert) 13 July 2011
Cross examintation is a double edged weapon. It can harm you. So I suggest you to find out a good lawyer and follow as he advise.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 July 2011
Not necessary for advocate to retire if the party wants to conduct his own case.
The accused of NI 138 in this case seems to be overconfident and unaware of the procedures.
THE NI 138 CASES ARE NOT WON BUT LOST DUE TO OVER CONFIDENCE OF THE PARTIES. IT IS MISNOMER THAT THE LAW WORKS LIKE MATHEMATICAL SCALES.
THERE ARE SIMPLE TRAPS OF PROCEDURE OTHER THAN LAW FOR ANY BODY TO WIN A CASE.
anonym
(Querist) 13 July 2011
You may be right but I am not overconfident. There are so many loopholes the complainant has left which can actually land them in trouble big-time once the facts come on forefront.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 July 2011
That is your understanding but may not be loopholes in eyes of law.
More ever an advocate has experience which you do not have and in over confidence can annoy the court and spoil your case.
I AGAIN TELL YOU THAT IT IS EASIEST OF EASY THING TO WIN A NI 138 CASE BUT NOT BY ACCUSED.THE LEGAL SYSTEM AND ASSUMES BASIC GUILT OF THE ACCUSED SINCE THE CHEQUE IS FROM HIS ACCOUNT AND HE HAS SIGNED IT. SO ONLY BY LAYING TRAPS AND BY DIRECTING THE MAIN ISSUE THROUGH LEGAL EXPERTISE CAN ONLY HELP THE CASE.
Arun Kumar Bhagat
(Expert) 17 July 2011
Engage any good advocate to contest your case. In my professional life I have seen many accused persons who spoilt their case completely by overstating the facts during 313 Cr.P.C examination despite being told by their advocates to maintain silence. In your case file a revisional application for cross-examination of the Complainant and I am sure the revisional court shall at least give you an opportunity for cross-examination. An accused should be given every opportunity to prove his innocence.
