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francis (CHIEF)     12 October 2017

NI 138 Act

Res.Sirs Kindly clarify the details below court have mentioned issueB/w my query sirs 1. Whether they have issued warrant or if non presence of current hearing they will make bailable warrant. 2. For NI act for bailable warrant do surety needed. Below mentioned details: Business : Both parties absent. Petition filed u/s 256 and allowed. Petition u/s 317 is dismissed. Issue B/w against Accused on payment of process. Call on 13-10-2017 for 313 question. Next Purpose : QUESTIONING U/S 313 CRPC Pls clarify counsels.. Thanks Francis


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 2 Replies

manoj   12 October 2017

The statement under section 313 Cr.P.C is taken into consideration to appreciate the truthfulness of the case of the prosecution and it is not an evidence. Statement of an accused u/s 313 CrPC is recorded and therefore the said statement cannot be treated as evidence within the meaning of Section 3 of the Evidence Act. 

manoj

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francis (CHIEF)     12 October 2017

Sir Thanks for u r reply..In the matter they have mentioned issue bailable warrant. My query is whether if not attending for this hearing court will summon BW or already BW issued. 2. If issued for that whether 2 persons sureity needed. Francis

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