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ALKESh BODIWALA (ADVOCATE)     30 October 2011

Court room procidure

please give me details of 138 N.I. procidure  

trial will start. 

sworn, Counter,

proof of affidavit,

marking,

chief,

cross examintion,

final arguments

 

Sir I am advocate I want to practice for S/138 of N.I. ACT.Complaint in Criminal Court.

please help me.

please give me all drafting for proof of affidavit  all applicatiion etc for court room practice.

Is that any rules for asking Question for cross examintion.

if  any Gujarati  Language BooK for this please give me details.



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 October 2011

Beore filing the case You will have to issue notice of cheque bounce u/s 138 of NI to the accused within 30 days from the date of receipt of dishonoured cheque by giving 15 days time to the accused to make the payment of cheque amount if he failed then you will have to file a complaint before the court within 30 days from the date of expiry fo 15 days.  It is the mandatoryprocedure to be followed.

After filing the case next state is swortn statement of the complaint, after sowrn statement summons will be issued to the accused.

Then bail to the accused

Next plea of the accused

Next Evidence of complainant ( chief evidence can be done thru., an affidavit)

next cross examination of the complainant

After this further examination of wittnesses on behalf of the complainanant

Next - Defense evidence, corss etc.,

Last stage is 313 statement of the accused

Final argument.

Note:  it is mandatory to give the list of wittnesses along with the complainant.

 

adv. rajeev ( rajoo ) (practicing advocate)     30 October 2011

Beore filing the case You will have to issue notice of cheque bounce u/s 138 of NI to the accused within 30 days from the date of receipt of dishonoured cheque by giving 15 days time to the accused to make the payment of cheque amount if he failed then you will have to file a complaint before the court within 30 days from the date of expiry fo 15 days.  It is the mandatoryprocedure to be followed.

After filing the case next state is swortn statement of the complaint, after sowrn statement summons will be issued to the accused.

Then bail to the accused

Next plea of the accused

Next Evidence of complainant ( chief evidence can be done thru., an affidavit)

next cross examination of the complainant

After this further examination of wittnesses on behalf of the complainanant

Next - Defense evidence, corss etc.,

Last stage is 313 statement of the accused

Final argument.

Note:  it is mandatory to give the list of wittnesses along with the complainant.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     30 October 2011

Dear alkesh

Mr. rajoo is right

jitendra yadav (ADVOCATE)     01 November 2011

is there any judgement of high court or sc where warrant can be cancelled even in absence of the Accused? kindly suggest me..

ALKESh BODIWALA (ADVOCATE)     02 November 2011

IS THAT ANY SPECIMEN FORM FOR  plea of the accused ?

IS THAT SPECIAL RULE . RESTRICTION FOR ASKING ANY QUESTON  next cross examination of the complainant

IS THAT SPECIAL RULE . RESTRICTION FOR ASKING ANY QUESTON FOR further examination of wittnesses on behalf of the complainanant.

IS THAT ANY SPECIMEN FORM FOR  313 statement of the accused.


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