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salila (student)     10 November 2014

Chq forgery sec 467,471 ipc

sir

   in defence trial, accused is suggested --not to go in witness box.because in cross exam the ADPO may in cross exam force the unwanted reply --so he may be warranted for punishment.

is it healthy legal practice that only prosecution side come in witness box, not the defence side. if plaintiff fails to prove his case, why accused should not come forward to bring real scenerio of plan.



Learning

 4 Replies

Adv. Deepak (Advocate)     10 November 2014

If plaintiff fails to prove his case in Criminal Law, the accused is no more accused in the eyes of law and hence acquitted forthwith.  Plaintiff has come to the Court making accusations against the accused.  If he fails to prove, the question comes to an end.  Where comes the question of plaintiff coming forward to bring real scenerio of plan.

salila (student)     11 November 2014

respectable ,

     thanks. now a days court are flooded with bogus criminal cases.the chq in trial has been found written by prosecution witness. in another court chq is also written by same person .

under which crpc ruling , the 2nd chq writing by expert report can be brought in 1st chq criminal case,to prove that same person has filled such blank chq in different court cases..pl mention such ruling .

Sudhir Kumar, Advocate (Advocate)     13 November 2014

Since facts of the case are not stated there is no better reply  than the one has been given by Mr Deepak.  If you really want sound advise please disclose facts of the case.

salila (student)     14 November 2014

sir

    the client had given blank chq signed to 3rd person for rs 50000.the 3rd passed it 2nd person , he filled in it rs 5 lacs and stated that he got filled chq from accused .who filled the chq -the comlaitnant does not know.

incidently, the 3rd person applied same tactic in in another case, he gave blank signed and than filled to 4th person with same writing .can any rule whereby 2nd and 4th person cheques having same writing by 3rd person may be brought for handwriting expert and can court accept such prayer to connect different chq but having writing and same to prove the forgery .pl guide .thanks


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