138 N I Act Evidence
Chetan
(Querist) 15 October 2010
This query is : Resolved
I am counsel of accused in 138 case I want to file a document which support to my case. The case is fixed for cross of Complainant
Whether at this stage I can file a document and asked the complaint about that documents ?
Pls reply urgently
Pls provide provision
Arun Kumar Bhagat
(Expert) 15 October 2010
During cross examination you place the documents before the Complainant/witness and get it admitted then only the document shall be admissible in Evidence or by giving defence witness you can prove the same. regarding admissibility of documents go through section 62 of Evidence Act onwards and sec 45 onwards.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 October 2010
And the complainant will have all the rights to cross the accused for the document to be produced.
Just because you think that a particular document is in your favor is not enough.
And many people confuse that once a document is produced or marked it is in your favor. The law works on both sides.
The party has right to produce any evidence to the opponent has every right to demolish it by counter evidence or cross.
Only rider is no party is allowed to go against its pleadings.
ashish lal
(Expert) 16 October 2010
a recent decision of a 3 judges bench of the Hon'ble Supreme Court in CRIMINAL APPEAL NO. 1020 OF 2010 (07.05.2010) is worth mentioning. The Hon'ble Supreme Court has held that:
“In light of these extracts, we are in agreement with the respondent-claimant that the presumption mandated by Section
139 of the Act does indeed include the existence of a legally enforceable debt or liability..........."
Means the complainant is not required to show the existence of a legally enforceable debt or liability. It is for the accused to rebut the same.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 October 2010
Please read this citation in more details, presumption is there but the accused has right to rebut it.
