Cheque bouce
Binod Kumar Mishra
(Querist) 14 November 2009
This query is : Resolved
Dear Experts,
my client is involved in a case of bounce cheque and later the court after hearing only 1 and half witness (the witness escaped after deposing half and did not turn up next day) closed the case and not considered our plea to call the witness or to examine a very important witness.
later on the court change and the new court has directed us to file some papers and also to file our defence to call the other witness including the one who has not been allowed to deposed.
Experts please give me some citation that when the case has been closed, by which method we may again represent to call the witness who had already deposed himself.
it is a very urgent matter please give citation.
adv. rajeev ( rajoo )
(Expert) 14 November 2009
"Close" it does not mean that entire case is disposed.
U have said that court didn't allow you to examiene important wittnes, now court is directed you to lead the evidence of the wittnesses, so why dont you file an application to recall the partheard wittness and to lead your wittness evidence, it is good for you only.
You file an application u/ s 311 of Cr.P.C. to call the wittness for the cross examination.
Adinath@Avinash Patil
(Expert) 15 November 2009
SECTION 311 OF CR.P.C. EMPOWERS THE COURT TO SUMMON MATERIAL WITNESS THOUGH NOT SUMMONED AS WITNESS AND TO EXAMINE OR RECALL AND RE-EXAMINE IF THEIR EVIDENCE APPEARS TO IT TO BE ESSENTIAL FOR THE JUST DECISION OF THE CASE.
SHAILENDRA KUMAR V/S SATE OF BIHAR.
2002 AIR [SC] 270.
THIS RULING WILL HELP YOU.
PJANARDHANA REDDY
(Expert) 15 November 2009
DEAR FRIENDS,
PLS FIND THE ATTACHED ABOVE CASE LAW--
Raj Kumar Makkad
(Expert) 15 November 2009
Your problem is otherwise then the replied herein. I think you want to ask whether there is any citation which empowers the court to call the witnesses even after the close of the evidence in such like given case. In my view, the procedure adopted by the court is entirely erroneous as without moving any application from any quarter the court has no power to review and revers its own orders as has been done in the present case. I suggest you to take the certified copies of all the relevant court orders and file its appeal before the Appellate court and get the stay order over the ongoing process of the court.
