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Ravindra H Chaudhari (Student)     24 February 2013

Ni 138 case of complainant

 

My (Complainant) case of Cheque dishonour (NI 138 Summery) is at evidence Stage.

1.     The application of accused; made on the scheduled date of Cross-examination; to postpone the cross-examination has been granted by JMFC, in spite of my request for ‘No Cross Order’. Is it fare?

2.     The Cross-examination is governed under which Section of CrPC, other than S137 of Indian Evidence Act?

3.     Purshis is governed under which Section of CrPC or which act?

4.     After I file ‘Evidence close purshis’; if accused brings in her defense evidence which is unexpected to me; can I (Complainant) get time for collecting the contrary evidence to prove it wrong? Can I get future date? What procedure shall I adopt?

5.     Can I (Complainant) cross-examine the accused, following her statement under 313 CrPC? Compulsorily on the same day? Cant I get another date?

6.     After defense evidence of accused, is it compulsory to carry out Cross-examination of accused on the same day? Will my opportunity to cross examine the accused lapse, else?

7.     I (Complainant) need record of accused from Maternity hospital, where she gave birth to her child. What procedure shall I adopt, so that court will order to produce such record?

8.     What procedure shall I adopt, to add witness in my case?



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 2 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     25 February 2013

1) Yes accused can get time to postpone cross.

 

2) You can not cross the accused on statement. You can if the accused comes in witness box to give evidence.

 

3) It is the right of the accused to demolish the story of complainant and not the right for complainant. after the evidence is closed.

 

Please note  that any law can not provide for all the situations so it gives unlimited opportunities to any accused to come out of criminal case.

R Trivedi (advocate.dma@gmail.com)     25 February 2013

Under NI Act, accused is not permitted to give affidavit.

 

1. Accused has absolute right to cross all the complainant witness who have given evidence in the form of affidavit.

2. Complainant cannot cross accused, as no affidavit, no oath. 

 

Since accused cannot be cross examined, so his evidence has to be covered during the cross examination of complainant. He cannot just bring a document under S.313 statement, if the same is not referred in complainant cross examination. In that case accused is required to cover his entire defense during cross examination of complainant witness who has/have given affidavit/s.  Complainant then can get opportunity  to re examine himself (or witnesses) to rebut the accused evidence.

 

Specifically you cannot force accused to bring any document, if it is not referred by him during cross.


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