138 Negotiable Instrument Act
Chetan
(Querist) 14 February 2010
This query is : Resolved
I am on the side of accused in 138 Case
I intends to examine the bank manager of Pat Santha
Wheter I can re-exam the witness which have been called by me as a bank witness
Pls provide citations and provision
B K Raghavendra Rao
(Expert) 14 February 2010
If you have examined the bank manager, you have every right to re-examine him after cross-examination by the opposite counsel.
Parveen Kr. Aggarwal
(Expert) 14 February 2010
Sections 137 and 138 of the Indian Evidence Act, 1872 are reproduced below:
"137. Examination-in-chief - The examination of a witness, by the party who calls him, shall be called his examination-in-chief.
Cross-examination - The examination of a witness by the adverse party shall be called his cross-examination.
Re-examination - The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination."
"138. Order of examinations - Witnesses shall be first examined-in-chief then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined.
The examination and cross-examination must relate to relevant facts but the cross-examination need not to be confined to the facts which the witness testified on his examination-in-chief.
Direction of re-examination - The re-examination shall be directed to the explanation of matters referred to in cross-examination, and if new matter by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter."
Re-examination of a witness is permissible only with the leave of the Court and not at a matter of right and to the limited extent.
Raj Kumar Makkad
(Expert) 14 February 2010
Your quarry has very well been clarified by my learned friends.
Sukhija
(Expert) 17 February 2010
Rightly explained by Expert Parveen
