GOKULDAS KAMATH (EX BANKER) 06 April 2023

Rights of an accused in criminal case

A nationalised bank had filed a criminal case against me in 2008 as Accused No.2 for alleged fraud of Rs.1542161.26 over a period of 3 years from 2004 to 2007 based on a Audit report dated 09.11.2007 .In the departmental inquiry proceedings bank had denied the documentary evidences sought by me in my defense and dismissed me from the services of the bank. A WP is pending before High Court of Karnataka challenging my punishment of dismissal from the services of the bank.

After so many adjournments since last 15 years, the complainant Branch manager ( PW1) is now summoned on 11.04.2023 for examination of witness. Bank had filed a complaint against A1 ,A2 and several others in December 2007 but complaint was not accepted by police on the grounds that they did not understand the banking terminology under Core Banking Solution. FIR was registered against A1 and A2 ( myself) after 6 months on 10.06.2008.I don't know how police understood banking terminology after 6 months. Charge sheet was filed in 2011.Now, my lawyer is also not well versed with the working of the bank under CBS environment even thought I have briefed him in detail about this case .I the meantime, I have obtained several documentary evidences under RTI Act 2005 which proves my innocence in this case. In this connection, please guide me as to what are my rights as Accused No.2

The Complainant PW 1 was not working in the branch during the period from 2004 to 2007 but he was transferred to the branch where I was working in January 2008 and lodged complaint against me and A1 on 10.06.2008. Hence, he is not direct witness to the criminal case against me. Whether this point will be favourable to me

Whether I can personally cross examine the Prosecution witness PW1 after his examination is over if my Lawyer is unable to cross examine the witnesses to my satisfaction.If yes, what is the procedure

Is there any restrictions on number of questions which I can raise at the time of cross examination

Is there any type of questions which I cannot ask the witnesses

I hereby request the respected Lawyers community to guide me

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7 Replies

Shakti Maan (lawyer at Supreme Court delhi 9650334626) 06 April 2023

You need a lawyer to cross examination of the opposite party... it is recovery suit or 420?

mohit dahiya 06 April 2023

u can cross examine him sir . There is definitely no restriction on number of questions to be asked and you have to put your defence and complete case in cross examination . sir prepare ur case by writing all the facts you have on a paper and pen it down . Be prepared for all the questions and discuss it with lawyer and prepare cross by sitting with him . If need help , I can also help you dear . thanks

T. Kalaiselvan, Advocate (Advocate) 06 April 2023

The matter of trial would depend on how effective would be the cross examination in order to bring forth the contradictions to disprove the allegations and get acuqitted.

If you want to personally cross eamine the witness, then you may have to terminate the vakalatnama and should seek permission to appear as party in person.

There is no restrictions towards number of questions to be asked however the restriction would be that you may have to confine to the subject alone and not outside the subject.

Dr J C Vashista (Advocate) 07 April 2023

Cross-examination of a witness is an art which is learnt by practice, practice and practice.

Examination of witness must be in terms of Section 138 of Indian Evidence Act, 1972 and order XVIII CPC

Cross-examination is generally considered to be the most difficult branch of the multifarious duties of the advocate. The true question, therefore, in trials of cases is not whether it is possible that the testimony may be false, but whether there is sufficient probability of its truth, that is, whether the facts are proved by competent and satisfactory evidence.

In order to protect your interest it is advisable to contact, consult and engage a local prudent lawyer.

N.K.Assumi (Advocate) 07 April 2023

Just because the complainant is a Bank does not mean that there will be hyper technical documentary evidence or an extra ordinary electronic records to be proved against you in the case. Since you were in bank service you know what documents will be relevant for your case, and though there is no earthly reasons why you should not be allowed to cross examine the prosecution witnesses, I would also encourage you to engage a good criminal lawyer to defend you in such a case.

Real Soul.... (LEGAL) 07 April 2023

You can seek leave of court to cross examine the witness and it is better you yourself cross examine him, you can prove your case.

You can raise any question that is relevant to your case and that will help the court to reach a just conclusion. There is no limit to question and you can keep examining witness to the relevant points even for many days even. you can make the witness to exhibit and mark the documents and question him about the records and functioning of system ; just you have to prove your case.