Jasvinder 26 May 2026

138 ni act

Sir in short the applicant filed a complaint case u/sec 138 and accused advocate cross the complainant after several dates but at end of the day didn't complete cross examination.

After that several opportunity on cost for cross examination was given but accused advocate didn't complete the cross examination.

The majistrate closed the stage of cross examination.

After that accused change his Advocate and filed 311 to recall complainant and didn't return again which was also dismissed by magistrate.

Now accused approached high court and prayer to recall the witness. On cost it was allowed by high court.

Now I want to ask as high court gave permission to recall the witness to ask question which accused told remain to asked.

Will accused in advance file the serial of question which he want to ask or will go what ever he want to ask.

High court order is " Learned

Magistrate shall thereafter afford an

opportunity to the applicant to conclude the

cross-examination of P.W.1 and shall make

all endeavours to expedite the proceedings.

. The criminal miscellaneous application

stands disposed of accordingly.

Please guide the procedure.

Thanks in advance.

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Quick Summary

This discussion concerns a Section 138 NI Act case where the accused's advocate repeatedly failed to complete the complainant's cross-examination, even after multiple opportunities and cost orders. The magistrate eventually closed the cross-examination stage. Subsequently, the accused changed advocates, filed an application under Section 311 to recall the witness (which was dismissed), and then approached the High Court. The High Court allowed the recall on cost, directing the magistrate to afford the applicant an opportunity to conclude the cross-examination. The core question is whether the accused's new counsel should submit questions in advance or proceed with questioning as prepared.

3 Replies

Advocate Bhartesh goyal (advocate) 26 May 2026

Now accused counsel will complete remaining cross examination on hearing date and ask questions to witness in court room and will not supply any series of questions in advance to complainant( witness ).

Dr. J C Vashista (Advocate ) 27 May 2026

Before proceeding the counsel for accused has to satisfy the court qua the remaining questions / grounds to be asked from the complainant, despite the fact that the accused has been granted an opportunity to recall and further cross-examin the complainant.

T. Kalaiselvan, Advocate (Advocate) 27 May 2026

It is parted stage i.e., the cross continuation of PW1, hence the accused will proceed with further qeustions as per his own preparation and ther is no provision in criminal law to provide set of questions to be asked to the witness.

Therefore you be prepared for continuation of cross examination on the next date of hearing