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Siddanagouda Patil 02 January 2021

cross examination

can accused counsel cross examine the complainant in N I Act, when NBW issued against the accused?

Quick Summary

This discussion clarifies whether an accused person's counsel can cross-examine a complainant in a Negotiable Instruments (NI) Act case when a Non-Bailable Warrant (NBW) has been issued against the accused. The consensus is that cross-examination is permissible as part of the due process, provided the NBW remains unexecuted at the time the cross-examination is intended.

4 Replies

Pradipta Nath (Advocate) 03 January 2021

Yes he can. Its within the due process.

P. Venu (Advocate) 03 January 2021

If the trail is in progress, it is impossible that the accused could be under NBW.

Dr J C Vashista (Advocate) 04 January 2021

Whether NBW is still in vogue / un-executed before counsel for accused want to cross-examine the complainant ?

Siddanagouda Patil 04 January 2021

NBW is still unexecuted.

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