N.i.Act- Defence Evidence Adjournment
DR. R.R.ARORA
(Querist) 06 February 2010
This query is : Resolved
I have a case of NI Act from last 15 years & from past 15 years Defence has not shown his evidence. I want to enquire that what to do to seek justice in less time . WHATS THE mAXIMUM lIMIT FOR Adjournment by defence.
B K Raghavendra Rao
(Expert) 06 February 2010
If 313 statement has been recorded, the court would be at liberty to pass judgement if the accused does not lead his evidence ins spite of giving sufficient opportunities. You approach high court and bring a direction for early disposal. There is no fixed time limit for adjournments but the court would not be lenient against accused. It is the discretionary power of the court to grant short or long adjournments. However, your counsel should take up the matter very strongly in the court for not granting adjournments.
DR. R.R.ARORA
(Querist) 06 February 2010
I sthere any rulings in THE hIGH cOURT OR sUPREME cOURT APART TO GO TO hIGH cOURT SO AS TO GET JUSTICE FASTER
Sarvesh Kumar Sharma Advocate
(Expert) 06 February 2010
take total order sheet (certify or pen noted)and then move to high court for speedy trail.
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.
IF COURT IS NOT ALLOWED YOUR YOU MOVE TO HIGH COURT FOR SPEEDY TRIAL.
Parveen Kr. Aggarwal
(Expert) 07 February 2010
You should file a petition before the High Court under section 482 of the Code of Criminal Procedure seeking directions for compliance with the provisions of section 143(2) and (3) of the N. I. Act, 1881.
