Cheque bounce case
Saikrishna kandhikatla
(Querist) 12 March 2021
This query is : Resolved
In a cheque bounce case, is there any time limit within which an accused can file his defence under Section- 145(2) ?
In what are all ways can a complainant can cross examine the accused defence ?
Guest
(Expert) 13 March 2021
Certainly. The Concerned Court has to consider this Application. Time limit depends on such Application made.
Guest
(Expert) 13 March 2021
Refer the Orders of Himachal Pradesh Shimla High Court on 28/11/2019 Pronounced by Honorable Justice Sandeep Sharma in the Case of Jagdeep Singh VS Ramesh Singh
Guest
(Expert) 13 March 2021
When an Trial Court rejected an application filed under Sec 145(2) of NI Act holding there was no good reason for allowing cross examination of the Complainant , the Honorable High Court had Set Aside the same opining there is not even necessity to assign any reason in such application.
Advocate Bhartesh goyal
(Expert) 13 March 2021
If an application u/s 145 (2) N.I.Act is filed, Court can fix time limit under it's discretion.
P. Venu
(Expert) 13 March 2021
In a criminal action under NI 138 the defendant is not required to file any defence. However, the accused can file a statement in lieu of examination under Section 313 CrPC. Accused could be cross examined only if chooses to appear as his own witness.
Hemant Agarwal
(Expert) 13 March 2021
AGREE with logical Advice of above Experts.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Dr J C Vashista
(Expert) 14 March 2021
Extract / raio of judgment referred is absolutely unambigous and clear wherein the Hon'ble Court has held:
"..., a careful perusal of the second part of S.145(2), nowhere talks about assigning reasons in the application for recall/re- examination of a witness, meaning thereby that it is obligatory for the court to recall complainant or its witnesses, if an application is made in that behalf."
The applicant (accused) has to file an application u/s 145(2) of NI Act for recalling the complainant and the complainant "shall" be recalled for cross-examination.
Dr J C Vashista
(Expert) 14 March 2021
Now comes the question of appropriate time for recalling the complainant is just on ensuring attendence of accused, means on admission of accused on bail, his application u/s 145(2) shall be submitted/considered to summon the complainant for cross-examination.
Dr J C Vashista
(Expert) 14 March 2021
The complainant has to demolish defence of the accused, which differs from case to case.
However, no straight jacket formula can be applied for each case.
P. Venu
(Expert) 14 March 2021
Section 145 NI Act, no where mandates the the accused filing any defense. In a criminal case, it is for the complainant to prove his case beyond reasonable doubt.
Section 145 in The Negotiable Instruments Act, 1881
145. Evidence on affidavit.—
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the evidence of the complainant may be given by him on affidavit and may, subject to all just exceptions be read in evidence in any enquiry, trial or other proceeding under the said Code.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any person giving evidence on affidavit as to the facts contained therein.
