Cross Examination of the Complainant u/s. 138 closed.
Adv. Mohan Chandra
(Querist) 14 May 2009
This query is : Resolved
In a criminal complaint u/s 138, 141, 142 Due to the absence of the complainant for cross examination after partial cross examination the Honourable Magistrate has closed the cross examination.
The Advocate for the complainant has moved an application for reversal of the order. I am the accused and the Honourable Magistrate has asked for my SAY.
I will appreciate if my knowledgeable friends will guide me if I can point out the following in my reply.
1. Can I submit a list of various irregularites by the complainant.
2. Can I submit a list of variance in the Affidavit and submission made under oath by the complainant.
3. Can I take cover of sec 87 for material alteration.
4. Can I ask the Honourable Court for suitable action for Perjury for sr.no.2 above.
5. Can I seek cost from the complainants.
6. Can I seek damages from the complainant.
7. Can I seek for dissmissal of the case, my acquittal and cancelation of personal bond.
8. Can I pray that the court take cutody of the balance blank cheques in custody of the complainant.
Thanks
PALNITKAR V.V.
(Expert) 14 May 2009
At this stage, you will get cost from the complainant and the court is most likely to allow the complainant to stand for further cross. Rest of the points cited by you are not likely to be in your favour at this stage.
adv. rajeev ( rajoo )
(Expert) 15 May 2009
If u objectes for the application for recall of the witness for the cross examination and the court rejected the applicatin of the accused, then he may move to High Court against that order, so better say no objection to that application and u endorse on that "applilcation that application may be allowed on payment of heavey cost."
Adv. Mohan Chandra
(Querist) 15 May 2009
Palnitkarji, some friends were of the opinion that once the order is issued the court cannot reverse its own order is it true
PALNITKAR V.V.
(Expert) 16 May 2009
In general it is true that once an order is passed it can not be reviewed by the Magistrate. But the essential condition is that it should be a valid order authorised by some provision of law. Whether there is provision to pass "order" to close the cross. The Magistrate is expected to simply note that there is no further cross since the complainant is absent.It is in fact not an order. So there is no question of any "review" Apart from that a magistrate is authorised to recall a witness or to permit re examination and further cross examination of a witness.
Adv. Mohan Chandra
(Querist) 17 May 2009
Palnitkarji, you have opined at this stage I may get costs from complainant, Rajeevji suggests above that I seek heavy cost. How much cost can I seek in your opinion.
PALNITKAR V.V.
(Expert) 19 May 2009
Depends on circumstances eg.the place from you come to the court, the fees and other expenses of the day, the trouble you had to face and so on.
