Sec 138 of Negotiable Instru Act
Vivek Banginwar
(Querist) 20 October 2010
This query is : Resolved
A case u/s 138 of Negotiable Instruments Act is filed against my client in JMFC.Now case is for Evidence of Non Applicant/Accused.But i want to cross examination of Applicant which is already over.My query is that Can I recall Applicant for Cross Examination? If yes, any case laws?
Raj Kumar Makkad
(Expert) 20 October 2010
If you satisfy the JMFC that some important questions have left to be asked from the witness already examined or some more facts have came to the knowledge of you then court on being satisfied allow you to cross-examine such witness and there are numerous citations on this point.
s.subramanian
(Expert) 20 October 2010
you entitled to do it under Sec.311 of Cr.P.C. File an application to recall at once.
Praveen Kumar Tewari
(Expert) 20 October 2010
You can file an application for recall of order u/s 311 Cr. P.C. if the sufficient cause shown the court allow u to cross examination with witnesses .
Devajyoti Barman
(Expert) 21 October 2010
Yes, I agree. But you have to describe the proposed questions in the petition of section 311 crpc along with the explanation as to why you failed to put those questions at the first opportunity.
SAANJAAY GUPTAA
(Expert) 21 October 2010
you have to file the questions in writing before the magistrate whatever you want in your cross examination along with application of 313 cr.p.c.
Advocate. Arunagiri
(Expert) 21 October 2010
File a petition u/s 311 cr.p.c. Explain the need for recalling of the witness. That is enough.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 October 2010
There is an interesting citation of the SC in this matter. No need of even 311 , you can request for recall for cross provided you must have sufficient material to cross.
It is my humble opinion that any NI 138 case can even be demolished in cross.
By passing ref the SC has said that since the complainant is supposed to remain present and hence no requirement of recall, he is already there.
pawan sharma
(Expert) 21 October 2010
Agree with Mr. Shashi,you file the application for re examination of that witness which is already examin in cross.
Srinath Kondapally
(Expert) 23 October 2010
file a petition U/s. 311 of Cr.P.C. to recall the evidence of P.W.1
