Examination in chief.
MARU ADVOCATE
(Querist) 15 October 2012
This query is : Resolved
In a cheque bounce case a credit co op filed a case on the accused.
Affidavit for examination in chief is filed but later that person left the job.
So a fresh evidence affidavit from another person is filed.
Accused submitted an application that original person should come for cross and second affidavit should not be allowed.
The JMFC court dismissed the application , what is the remedy. Any case laws in this matter , experts please guide.
ajay sethi
(Expert) 15 October 2012
corss examine the second person who filed affidavit . if person who filed affidavit has left the job then you have to examine the person who has now filed affidavit
MARU ADVOCATE
(Querist) 15 October 2012
whether evidence act permits two examination in chief.
More ever the first affidavit is on record and not cancelled so does it not amounts to admission by the accused.
Guest
(Expert) 15 October 2012
Mr. Maru,
You have posted your question is a very confused manner, as if the experts would presume, whether you are representing the accused or the bank, who on whose behalf submitted affidavit, whose application was dismissed & on what ground?
Presently, I can only say, the accused cannot dictate terms to the JFMC. Any authorised person of the bank can examine or cross-examine the accused.
MARU ADVOCATE
(Querist) 16 October 2012
Any legal provision that the complainant can exchange or replace EXAMINATION IN CHIEF., IN ANY CRIMINAL CASE.
Guest
(Expert) 16 October 2012
When you don't to reveal the facts, how you can expect the experts to give you clues merely on presumption basis, even whetn you are avoiding to state whether you are an accused or from the side of complainant? On the other hand, through your latest query, you probably want to know how to manipulate even the records of the court.
This is for your information, there is no legal provision to exchange or cancel any evidence, once taken on record of the curts.
MARU ADVOCATE
(Querist) 16 October 2012
I am accused and resisting the second affidavit for examination in chief by the complainant in a criminal case.
So my query is that once one affidavit is there from one person as examination in chief whether another can be filed.
What is the exact provision of law in this matter.
