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ashok kumar (Social Worker)     23 April 2015

Nia case against partnership firm -cross examination issue

NIA Case against Partnership Firm

 

The accused in 138 NIA are 2 partners. The case is slated for the Cross Examination of the Complainant. The lawyer of one of the accused says he is ready to Cross Examine but the lawyer of the other accused says he will examine on the next date. The complainant request the court to direct both the accused to Cross Examine on the same day otherwise it would be to the prejudice of the complainant as the Cross Examination of one of the partners would be available to the other and this would be an unfair advantage to the accused

What is the legal  position in this respect



Learning

 2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     24 April 2015

The Court concerned must ensure that examination-in-chief, cross-examination and re-examination of the complainant must be conducted within three months of assigning the case. The Court has option of accepting affidavits of the witnesses, instead of examining them in Court. Witnesses to the complaint and accused must be available for cross-examination as and when there is direction to this effect by the Court.

The act does not state that  the complainant should be examined by both the lawyers of 2 accused on the same day. They have to complete it within 90 days.

T. Kalaiselvan, Advocate (Advocate)     02 May 2015

The complainant has no rights to insist on such a condition.  It will be infringing the rights of accused for defense.  The complainant cannot take defense on such grounds, his job is to prosecute the case, he cannot question the accused cross eamining him/her in the ways and modality that has been strategised  or designed by the accused in his defence. There is no question of filling up the lacuan here because both the accused have different counself to represent them separately.  The complainant hasnot right to speak about the advantage to the accused, he shouldrestrict himself only to his case and not beyond that, he cannot interfere in the defence strategy adopted by the accused lest it will be cnstrued that he is trying to thrust his decision to falsely prosecute the accused.


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