138 NI act
Querist :
Anonymous
(Querist) 04 May 2011
This query is : Resolved
I am an accused in a case u/s 138 NI. In this case, the counsel is supposed to cross examine the complainant. However I have 2 points to clear. (1) The complainant is not appearing himself, his son is appearing. However, I have never dealt with his son. Whatever discussions took place were between myself and the complainant. (2) My counsel does not ask the questions I tell him to. He just prefers to postpone the case. Can I intervene and ask the questions myself? if so, how do I approach the Hon'able Magistrate?
I further would like to emphasize that the cheques in question were collected by force, threatening and by bringing the Police Inspector home without any complaint or notice. The said Police Inspector then forced me to come to the Police station, which incidentally was neither under my jurisdiction nor the complainants jurisdiction. The Police Officer was personally known to the complainant and he threatened me to give the cheques.
Any comments or advice will be greatly appreciated. Thanks in advance.
Advocate. Arunagiri
(Expert) 04 May 2011
You should have already launched a complaint about the police excesses.
As long as your counsel is on record, you can not directly handle the case.
If you are not satisfied, change the counsel.
