Section 138 of n.i.act
Advocate M J
(Querist) 12 September 2015
This query is : Resolved
GOOD DAY TO THE HON'BLE JURY My client was booked under section 138 of N.I.Act Istarted the proceedings during period could not attend the court on medical grounds filed NOC REQUESTING the court to permit myclient to cross examine the complainant which he did not do it properly after that i once again filed vacalat submitting application U/S311 requesting the court to reexamin the complainant as there were fresh evidence against the complainant the court refused passing the orders not the cross examine,under such circumstances my client will not get justice hence i want to transfer the case to other court U/S 410 of crpc in the mean while i want to stop the proceeding, pl. advice how. thanks
Dr J C Vashista
(Expert) 13 September 2015
1. File a revision against the order passed on your application u/s 311 Cr PC.
2. Yes, you can file application for transfer from one court to other, however, proper justification for transfer is essential for favourable result/decision.
SAINATH DEVALLA
(Expert) 13 September 2015
When U were not well, U could have entrusted the cross examination of the complainant to another colleague by giving NOC. Once the slot given for cross examination is over,the trail courts rarely accept petition u/s311.
As far as additional evidence is concerned U could have filed a separate memo in the light of justice to the accused.
Other aspects DR.Vasistha's advice can be followed.
T. Kalaiselvan, Advocate
(Expert) 21 September 2015
This cannot be a ground for seeking transfer of this case from this court to some other court, you can file a revision against the order passed in the petition filed u/s 311. In the revision petition itself you can pray for stay of all the proceedings in the case at lower/trial court.
