Whether sec 313 cr.p.c is necessary in sec 138 of ni act proceeding.

Querist : Anonymous (Querist) 09 September 2011 This query is : Resolved
Sir,
A cheque dishonour case is numbered as calender case (CC) and the complainant side evidence was over. Now, without going for sec 313 crpc questioning, the case posted directly to defence side evidence. whether it can be done for a case proceeding as warrant case. I am the defendce side counsel. Can u help with citation, if possible. Thank u.

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M/s. Y-not legal services (Expert) 10 September 2011
As an advocate whats your problem to post this query openly? Why do you want use the anonymous option?

M/s. Y-not legal services (Expert) 10 September 2011
You are fresher to this site. Hence its ok. After the complainant's side evidence the court should be questioned the accused about the complainant's side witnesses as well as accused's answer. After that court will ask that do you have any witness? If he have witnesses mean its will be post for defence side evidence. How ever now case adjourned for your side evidence only. So just proceed further.

Guest (Expert) 10 September 2011
in all cases 313 questioning is essential. check the court case bundle whether there has questioned or dispensed with. then proceed further. it is ground for appeal.

girish shringi (Expert) 11 September 2011
I do agree wity the experts.

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