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Prashantha (Self Business)     12 January 2014

Ni 138 evidence stage

Sir, We are the complainant in 138 case filed against accused and submitted/ marked few initial documents as evidence includes payments agreements of sale deed, advice slips from bank, etc... Now the case is posted for cross of complainant. We still have few more crucial documents which explains about type of transaction, payment history, SMS that talks about payments due, etc... of accused to be submitted as evidence which we forgot to do so. Can you please let us know next at what stage can I submit remaining documents as evidence to be marked in this case. Thanking You. 


 5 Replies

law.varathan (advocate)     12 January 2014

as per Indian Evidence Act you can file those documents before court with permission of court.

If accused counsel did not cross exam you that before you can mark those document as your side exhibits. but accused counsel examined you thereafter you can re-exam then you can mark. If you have rights in your hands also you have remedy

adv.raghavan (Advocate,9444674980)     12 January 2014

yes u can mark additional evidence in support of your affidavit, but it should be marked before crossing of the accused .

R Trivedi (     12 January 2014

Since it is summary trial and a special statue and hence ideally complainant is required to submit all the evidence at the pre summoning stage along with affidavit. Once the accused makes the presence he can move an application under S.145 for cross.


Now you wish to add new documents, you have to do lot of explaining if accused objects. You may get a smoother opportunity post cross examination, if accused asks some suggestive questions which may be related with these documents. I feel it will be easier to re examine you and get these documents on record after cross. For the simple reason that accused would agitate the issue of no liability.

santhosh.g. (advocate)     13 January 2014

i am sorry to the above suggestions, the procedure followed in 138 case is as like any other criminal case.if the complainant failed to adduce all the evidence including documentary evidence at the 1st stage, the complainant can file a petition u/s 311 cr.p.c with the detail of the documents with its relavency to the case and if the petition is not allowed what are the prejudice going to be cause to the complainant and the merit of the case. the petition can be filed even before pronouncing judgement, but  it is advisable to do it at the earliast., t

Prashantha (Self Business)     14 January 2014

Sir, Thanks to all for the valuable response. Shall file documents before cross of accused.


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