Applicant have not filed the pursis / application for closing of the evidence.

Querist : Anonymous (Querist) 26 August 2011 This query is : Resolved
RESPECTED SIRS,

APPLICANT HAVE FILED A CRIMINAL COMPLAINT U/S. 138 OF THE N.I ACT FOR THE DISHONOURED OF THE CHEQUE.

APPLICANT HAVE NOT FILED THE PURSIS / APPLICATION FOR CLOSING OF THE EVIDENCE BUT STILL THE MAGISTRATE RECORDED THE STATEMENT OF THE RESPONDENT / ACCUSED U/S. 313 OF C.R.P.C AND MATTER WAS KEPT FOR FINAL ARGUMENT BY WAY OF LAST CHANCE TO THE APPLICANT / COMPLAINANT.

APPLICANT FILED AN APPLICATION U/S. 311 OF C.R.P.C FOR RECALLING OF THE WITNESS THAT IS COMPLAINANT HIMSELF FOR THE PURPOSE BRINING THE CERTAIN DOCUMENTS ON RECORD WHICH ARE CRUCIAL AND VITAL DOCUMENTS FOR THE TRUE , CORRECT AND PROPER DECISION OF THE CASE. AFTER RECORDED THE STATEMENT OF THE RESPONDENT / ACCUSED U/S. 313 OF C.R.P.C

THE APPLICATION OF THE APPLICANT/COMPLAINANT U.S 311 OF C.R.P.C STANDS REJECTED.

PLEASE PROVIDE YOUR VIEWPOINTS
ARE THERE ANY JUDGMENT WHICH STATES THAT IF APPLICANT HAVE NOT FILED THE PURSIS / APPLICATION FOR CLOSING OF THE EVIDENCE. BUT STILL THE MAGISTRATE RECORDED THE STATEMENT OF THE RESPONDENT / ACCUSED U/S. 313 OF C.R.P.C AND MATTER WAS KEPT FOR FINAL ARGUMENT BY WAY OF LAST CHANCE TO THE APPLICANT / COMPLAINANT.

WHAT TO DO FOR THE PURPOSE BRINING THE CERTAIN DOCUMENTS ON RECORD.

PLEASE GIVE ME YOUR OPINION & REFERENCE ON IT.

THANK YOU

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Guest (Expert) 26 August 2011
If 311 of Cr.P.C. is dismissed the option is to go for revision.

It is the duty of the defence to produce document /cross the witnesses in full . if he left it is his fault. on behalf of him the court will close the evidence.

the following case will helpful.

DEFENSE ADVOCATE.-firmaction@g (Expert) 26 August 2011
Yes this is good citation with legal reasoning. The complaint can not be allowed to correct his case at later stages.

prabhakar singh (Expert) 26 August 2011
Agreed with what is opined by Experts.

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