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ashok kumar (Social Worker)     23 April 2015

Two similar complaints-one cross examination

Two Similar Complaints-One Cross Examination

 

There are 2 complaints under 138 NIA, against the same accused, by the same complainant, in the same matter and the facts are exactly the same, the progress of the case is parallel. The only exception is that the cheques are of different dates. On the day of the Cross Examination of the complainant, the trial magistrate orders that the CE be read into the other also. But the accused lawyers objects and insists for another Cross Examination in the second case

(a) What does the law say on this?



Learning

 13 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     24 April 2015

When 2 cases are filed 2 separate case numbers would have been given, Were both of them filed on the same day? 

Both of them cannot be clubbed together,even if the complainant and the accused are the same.

Abhishek (Cheif Attorney)     24 April 2015

Subject matter is changed due to change in dates

ashok kumar (Social Worker)     24 April 2015

No They are not clubbed. Filed on the same day , Running Concurrently on the same dates

There are separate numbers but since the contents and facts are exactly the same it is ordered that the Cross Examination donen in one may be read into the other

SAINATH DEVALLA (LEGAL CONSULTANT)     24 April 2015

Do the cheques  of the 2 cases belong to the same bank?

ashok kumar (Social Worker)     24 April 2015

YES . SAME BANK, SAME ACCOUNT NUMBER, SAME DRAWER, SAME PAYEE, PART OF THE SAME TRANSACTION, ISSUED IN PURSUANCE OF THE SAME AGREEMENT . ONLY THE DATES ARE DIFFERENT THAT IS Y 2 SEPARATE COMPLAINTS

SAINATH DEVALLA (LEGAL CONSULTANT)     24 April 2015

Then it is maintainable to be tried together.

ashok kumar (Social Worker)     24 April 2015

SAINATH DEVALLA SIR

TRUE IT IS MAINTAINABLE ! BUT I WILL BE OBLIGED TO HAVE ANY LEGAL AUTHORITY (CASE LAW ETC) IN THE MATTER WHICHH PROVES OUR CONTENTION

SAINATH DEVALLA (LEGAL CONSULTANT)     24 April 2015

U can browse the citations on the web

T. Kalaiselvan, Advocate (Advocate)     02 May 2015

There is no provision to  club two cases together for joint trial in the criminal laws.  Since both are two cases, they are to be tried differently, it depends on the counsel to hae the same affidavit or to accept the same cross examination to the other case too, it cannot be forced on the defence counsel or accused to accept gthe complaintnat's decision on any basis.  Do not make simple things complicated, go by the provisions of law.

R Trivedi (advocate.dma@gmail.com)     04 May 2015

Ashok Kumar,

 

1. When you say " Progress of the case is together" what do you mean ?

Are the cases clubbed together, or they are still separate cases but generally same date is given for convenience ??

2. when the magistrate has ordered for single CE, where is the scope for further objection in front of him......

Best way would have been to argue, that there are two different affidavits, and calls for further questioning, magistrate would have allowed...

In my opinion both the cases are clubbed together, so you can only seek further CE (if closed) under S.311 citing valid reasons, if dismissed then go for revision.

 

 

R Trivedi (advocate.dma@gmail.com)     04 May 2015

Sorry, I did not read your post wherein you stated that the cases are not clubbed...

 

Now they are deemed clubbed by the last order of magistrate.

 

You move an application under S.311 stating that you were under the impression that you would get opportunity for cross examination in both the cases and certain relevant questions of the defence are left out and if not confronted it will cause heavy prejudice to accussed.

This will get you one more opportunity to cross him..

 

SAINATH DEVALLA (LEGAL CONSULTANT)     06 May 2015

According too the recent amendement total no of cases belongong to the same accused have to be transfered to one court only within the juriosdiction of the sessions court.Hence the above trail of both the cases is maintenable,even without the amendement.

Suri.Sravan Kumar (senior)     17 May 2015

common judgement can be passed in such cases. Presently I am dealing such type of case.


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