Negotiable of instrument act
Adv B.B.Gambhir #9814820602
(Querist) 11 September 2012
This query is : Resolved
NEGOTIABLE INSTRUMENT ACT :- i am from accused side, a complaint u/s 138 of N I Act is pending. the list of witness was given only three witnesses were given in list of witnesses i.e. complainant, bank and income tax clerk. only complainant cross examined. now the complainant wants to give evidence which is not entered in list of witnesses. i objected on last date of hearing, that the complainant can not give any evidence beyond the list of witness without seeking permission as per section 311 cr.p.c but hon'ble judge did not agree and given the permission to complainant to give additional evidence without seeking permission. my question is if i have to object under which provision or judgment especially as per N I Act i can object???? and my objection was correct or wrong. if correct give me a citation.
Arvind Singh Chauhan
(Expert) 11 September 2012
There is no hard and fast rule that complainant if not listed in witness list can not be a witness.
JANAK RAJ VATSA
(Expert) 12 September 2012
it is the discretion of the court keeping in view the ends of justice in mind and if a recall or summon or re-examine is required for a witness, the court may approve the same.
Adv B.B.Gambhir #9814820602
(Querist) 12 September 2012
my question is whether without moving any application or taking prior permission from the court, can the complainant lead any additional evidence which is not in list of witnesses.
Yogesh Anand
(Expert) 13 September 2012
NO. The leave of court is a must to lead additional evidence.
Arun Kumar Bhagat
(Expert) 21 October 2012
After completion of cross-examination of PW-1/Complainant the court must have fixed next date for further Evidence on the prayer of Prosecution. So no new application need to be filed seeking permission.
