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Suresh Naik (xxx)     10 July 2012

Missuse of cheque

Hi All,

 

My wife has stolen some signed blank cheques and another cheque of 89000/- after our family dispute the have made changes in 89000/- to 989000/- and filed 138 NI act case with 3rd party. I have taken all the precautions for it. But opposite party intentionally trying to delay the case even though I am ready for trail. Today I asked Judge to start the trail otherwise close the case because it is false case complainant is trying to delay the case. 

Judge said me on next data is cross examination and he said under section 313, I am not understand what is section 313.

 

Can you please someone help me to understand the section 313 Process and steps?

 

Thanks & Regards,

Suresh Naik



 10 Replies

kvss.prabhakar rao (Advocate )     10 July 2012

SEc 313  examination is question posed by Magistrate/ Judge on accused. This examination conducted after entire trial is over. So case seems entire trail is over.

Suresh Naik (xxx)     10 July 2012

Hi Prabhakar,

 

Thanks for your reply, The trail is not yet done. The complainant and his lawyer is playing games to delay the case. So that I asked judge to finish the case ASAP. That’s what is suggested the above.  And also I would like to send the same cheque to FSL can you please suggest me how can I proceed.

 

 

Thanks & Regards,

Suresh Naik

Adv. Nikhil Seth (legal consultant (9867264707))     10 July 2012

Hi, Suresh ,

As you say NI case is filed against you there are lot of parameteres for which NI  case is filed .  Cross examination means trial has just started   in NI Cases cross is of whose yours or other the complainant . Confirm who will be doing crosss examination your lawyer or complainant lawyer .

Suresh Naik (xxx)     10 July 2012

 

Hi Prabhakar,

 

The Complainant has submitted documentary evidence after that from last 4 hearings they are not coming to court regularly, If lawyer comes party will not comes and if party comes lawyer will not comes. So we are ready to examine him but Today Both of them are not came. So judge said me that next date is for 313. So would like to know what exactly will happen in 313?

 

Regards,

Suresh Naik

kvss.prabhakar rao (Advocate )     11 July 2012

it seems to be the judge closed the entire evidence and posted for 313 examination. Becuase 313 process wil lbe conducted after entire evidence is complted as seen from your question the judge may close eviecne posted the same for 313 examination. The complinant has another chance in case closing of evidence he can file petitioenr under SEc 311 CR.P.C for recalling of witess closed but he must shown reasonable grounds fo recall. 

Suresh Naik (xxx)     11 July 2012

Thanks Nikhil and Prabhakar for your valuable replies...

R Trivedi (advocate.dma@gmail.com)     13 July 2012

--- Where is your lawyer ??

 

-- Have you conducted proper cross examination of complainant ?? S.313 comes only after prosecution case is over.

 

-- If next time complainant is absent and if he is required, ask your lawyer to file the application under S.256 for discharge,citing all the previous absences.

Suresh Naik (xxx)     13 July 2012

 

Hi Trivedi,

 

My advocate is not conducted any Cross Examination to complainant. The complainant has submitted some document evidences and Chief affidavit to court, but court is not satisfied with that asked him to is there any further evidence or need to close the case. He replied that his lawyer will talk on this. But last time both the Complainant and his advocate has absent. I asked Judge to conduct the trails or close the case, because they are trying to drag the matter and trying to harass me. So judge said me that next date is S. 313. As of now my lawyer is not came to court. Because of their irregular attendance i am not calling the advocate. When judge asks me to bring the Advocate my advocate is ready to come to court. Still i am confusing that what section 313 is.

Regards,

Suresh

R Trivedi (advocate.dma@gmail.com)     13 July 2012

You seem to be heading towards jail. Immediately hire a lawyer and proceed with cross examination under S.145(2) of NI Act. Before corss examination you should not submit your statement or defense under S.313. Prepare a good question list and raise all the relevant issues, it is not the duty of Judge to tell you this or that. Your wordly explanation is of no value in this case. And if you do not cross the affidavit giver (deponent) and do not raise objections, then how court will decide in your favor ????

Suresh Naik (xxx)     13 July 2012

Hi Trivedi,

 

Can you please suggest me how can i proceed further on this?

 

Regards,

Suresh


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