(Querist) 25 April 2017
This query is : Resolved
Hello all learned, I am complainant of negotiable instrument Act; I have completed the evidence at the side of me. Under section 313 of Criminal procedure code procedure adopt by court in the said procedure accused demanded to adduce evidence at his side for his defense. In the examination of the chief of defense witness it was come out that the defense witness has done transaction with complainant and the cheque was given for the security which cheque was in the name of the complainant and issued by the accused. The cheque was given in the year of the 2010. Defense witness whatever stated in examination in chief regarding the transaction of complainant and him it was the transaction was one shop. Defense witness mortgaged his shop for 2 lac rupees and for that mutual consent agreement done by both parties. The mortgaged deed is notarized not registered in the registrar office. Then after the said shop was sold by defense witness to another person by way of deed of sale. In this way this transaction completed. Defense witness would like to establish the transaction of this with him and complainant so the relation under 138 of Negotiable instrumental act not attract to complainant and accused. So at the side of complainant I would like to establish by way of the documentary evidence that the said transaction between the complainant and defense witness is already completed which is not connected with the transaction of the present negotiable instrument Act. To prove this fact and refer the said documents which are notarized in the cross examination of the defense witness I have given application allow to documentary list for the presentation but the said application was rejected by court with finding that your right was over it must be produced at the time of the evidence of complainant. So I have lodged criminal revision application against the said order. Pls guide me or provide any judgment so I can argue in revision Regards
(Expert) 26 April 2017
The procedure under Section 313 does not amount to deposition or adducing of evidence by the accused.
Proceedings under NI 138 is a criminal proceeding and the accused is protected from compulsion to lead or adduce any evidence. It is a matter in his discretion; the onus of proof solely rests with the complainant.
Rajendra K Goyal
(Expert) 30 April 2017
Judgment / reference cases / ruling / citation / decided cases not provided / supplied.