N.I.Act
Sumit Lal
(Querist) 24 October 2009
This query is : Resolved
Respected Seniors and Experts.
In the trial under N.I.Act, I being the defence counsel could not attend the Court due to illness and I filed an adjourment petition on the ground of my illness. Adjourment was allowed subject to payment of cost but at the same time, the court examined the complainant in chief and marked the documents as exhibits and posted the case to two days after for cross examination. On the date fixed since I had not recovered from my illness, I again filed a petition for adjourment on the same ground. The Ld. Magistrate rejected my petition, discharged the complainant and posted the case to next day for accused statement. I have filed a petition under Section 311 for recall of the witness for cross examination.
I request the experts to advise me on the issue supported with case law.
Adinath@Avinash Patil
(Expert) 24 October 2009
DEFENCE COUNCIL HAS RIGHT TO CROSS EXAMINATION OF COMPLAINANT.YOU CAN FILE APPLICATION FOR SET-ASIDE NO-CROSS ORDER. YOUR CASE IS NOT NOT FOR FULLFIL OF LACUNA COURT WILL ALLOWED YOUR APPLICATION.
FOR RECALLING WITNESS THERE IS NO BAR IF YOU ARE NOT FULLUP LACUNA.
GO THROUGH THE FOLLOWING CASE LAW YOU GET YOUR ANSWER--
DISHONOUR OF CHEQUE-- NATURE OF PROCEEDING UNDER-PRAYER TO RECALL THE WITNESS-DETERMINATION OF-SCOPE AND EFFECT OF-HELD-ONLY IN CASE OF JUSTICE NECCITATE MAY BE PERMITTED-CAN NOT BE PERMITTED TO FILLUP THE LACUNA-
2006[2] CRJ 140.
adv. rajeev ( rajoo )
(Expert) 24 October 2009
You have got good grounds, for recall appliction citation is not necessary, because it is a right of defense to cross examine the complainant.
On he genuine ground you had sought for the amendment.
If court dismissed your application it is good ground to raise the point in the appeal i.e.," sufficient opportunity was not given"
G. ARAVINTHAN
(Expert) 24 October 2009
you will succeed if you state all things
Raj Kumar Makkad
(Expert) 24 October 2009
I agree with the opinion of Rajeev. An injustice has been made with you persoanlly even. I also suggest you to meet your sessions judge and bring this highhandedness done by that particular magistrate. I hope he shall also help you because this is entirely personal inhuman and illogical behaviour of a magistrate which is not good for bench and bar relations.
Arvind Singh Chauhan
(Expert) 25 October 2009
Reddy Sir is right you have the best option is revision. Apply for copy of the rejection order made in your application under Sec 311 and file revision.
Swami Sadashiva Brahmendra Sar
(Expert) 24 October 2009
