Negotiable Instrument Act

Chetan (Querist) 28 March 2009 This query is : Resolved
In a case before me-- I am on Accused side

The complainant file 3 different complaints u/s 138, whereas the transac tion is same , but only the accused give him 3 cheques.

The case at Evidence stage (Cross of Complainant)

Whether the cross of one case is to be taken in another 2 cases ? pls provide with provisions

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adv. rajeev ( rajoo ) (Expert) 28 March 2009
No because all the 3 cases are different but u can cross examine what contention u have taken in one case, when 3 cases are filed it is better to cross examin the complainant in very careful manner because if u cross examined the complainant in one case he will be definately take the advantage of the cross examination. U have not clearly stated that about the cause of action. If the different cause of action u have to cross examine in all the 3 cases.

PALNITKAR V.V. (Expert) 28 March 2009
I think if the cross is going to be practically the same you may request the court to take the cross in one case as cross in other two cases so that time and energy can be saved. It is a matter of convenience. Normally the judges agree for that.