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JAVED AFZAL (LLB)     08 August 2015

How to cross examine the bank witness in 138 n.i act

Sir,

I am Junior Advocate. I have to cross examine the  following witnesses in 138 N.I ACT

1. Concerned clerk of  Punjab National Bank Branch Nabha,along with account opening form and  statement  of account opening form and statement of account no. 52228976 of Jagtar Singh accused   and  record of presentation and dishonouring of the cheque No.005611/32005611 dated 25-05-2014

2. Concerned clerk of   PNB  Branch Patiala along with cheque return register and record of   presentation and  dishonoring of the cheque no. .005611/32005611 dated 25-05-2014

3.  .Concerned clerk of   Bank of India  Mandaur  along with  record of presentation and dishonoring of the cheque no  .005611/32005611 dated 25-05-2014 and statement of account. of complainant

4. Clerk of Complainant

Pls guide me how to cross examine these witnesses and what question should I ask to them

JAVED AFZAL ADVOCATE

  

 



Learning

 4 Replies

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     09 August 2015

It is notclear whether you are for accused or complainant..

 

Ifthe complainant brings the witness that they will file affadavit.study in detail.

SAINATH DEVALLA (LEGAL CONSULTANT)     09 August 2015

Afzal,

UR list is too long,without facts of the case U can't expect correct solution from the legal experts.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 August 2015

During cross-examination, the lawyer tries to undermine or impeach the witness's credibility. The lawyer attempts to show that the witness is not reliable. The lawyer might also try to show that the witness is biased or prejudiced toward a party in the case. Another way to undermine the witness's credibility is to show that the witness has a stake in the outcome of the case, which might influence his/her testimony. The lawyer can also question the witness about any felony criminal convictions or about any crimes involving dishonesty. Just as on direct examination, the opposing party's lawyer can raise objections to the questions posed to the witness. The judge then rules on the objection.

R Trivedi (advocate.dma@gmail.com)     22 August 2015

This is the biggest non application of mind by our young magistrates. Poor Bank guys are rushing to courts to give evidence that so and so cheque has bounced. The complainant counsels also without proper knowledge of law unscrupulously include both the banks as witness and maigistrate saheb mechanically allow that without bothering about the harrassment caused to banks. The law very clearly says that Bank dishonor slip is sufficient proof of dishonor, a statement in the affidavit and properly stamped dishonored slip is sufficient, till it is agitated by accused. The banks should only be called if accused agitates this slip during cross, not otherwise.

 

And what do you want to estbalish/demolish by crossing Bank witness ? Unless and untill you figure out what you want from each witness, no proper cross can be carried out.


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