N i act sec 138

yogesh (Querist) 13 July 2024 This query is : Resolved
I have filed a case for recovery of dues against returned cheque paid against due bill under N I act.After long the defendant prayed for cross examination.In cross examination first of all he claimed about company's registration and legal documents.I have submitted government registration certificates and last 3 years accounts and I T return.On verifying and cross examining about the same now the lawyer has started questioning about other deals with his family members out which maximum are wrong.So under this circumstances I have following queries please help me out:
1) Can I deny answering to question not related to this particular case?
2) Can I pray to lordship to ask the opponent to stick to the particular case.
Please advice any other action I should take to safeguard my interest.
Thanking you in advance
Regards

Follow Query

Report Abuse

Quick Summary

This discussion addresses a situation in a Negotiable Instruments Act Section 138 case where the defendant is asking questions unrelated to the cheque bounce matter during cross-examination. The advice given is that you can object to questions not relevant to the specific case, and the court should naturally restrict the opponent's advocate. While irrelevant questions may be asked to uncover truth or challenge evidence, you are not obligated to answer them, and no negative inference will be drawn.

T. Kalaiselvan, Advocate (Expert) 13 July 2024
1. Yes, you can.
you can say that this has no relevance to the current case.
2. You cannot. The court will automatically restrict the advocate to ask the questions pertaining to the current case alone

P. Venu (Expert) 23 July 2024
This is a criminal case. Cross examination of the complainant need not be restricted to related matter. Objection, if any, has to be raised by the complainant's advocate,

Dr. J C Vashista (Expert) 09 June 2025
In cross-examining the opposite party intends to bring truth to the fore / on record besides the fact that he (opposite) want to demolish your evidence, where certain irrelevant questions may be asked. You are not bound to reply such questions and no adverse inference shall be drawn for no reply to such questions.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries