Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 22 December 2014

Complainant lead with stranger as cw-2...

Hi Experts...

In one case u/s 138, the complainant filed a complaint with list of three witnesses (complainant and two concerned bankers). First witness CW-1 lead with his evidence in the shape of affidavit, he is well cross examined by defence and cracked his complaint. Now complainant lead a stranger to be CW-2 as witness, out of list of witnesses listed in complaint. Defence objection is open for next hearing for this evidence. Pl tell me, what is legal way to give up that witness.

Thanks...

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1 Replies

R Trivedi (advocate.dma@gmail.com) 23 December 2014

After the cross of Cw1 under what pretext he brought in new witness ? What kind of application he moved ? But let us understand that a thoughtful liberty can be granted to the prosecution to bring in new evidence to rebut/counter any new point which would have possibly come up detrimental to the prosecution case during cross. It cannot be brought in as a matter of right and it cannot be brought in to fill up the lacuna.

Dalip Singh Gujjar Singh Vs R P Biswas

1. This is the old order of P&H high Court may be of some help to you.

2. Also ask the Hon court that the cases under S.138 are expected to be summary at the time of cognizance (as per S.143 of NI Act), so complainant is expected to give all his evidence at that time only, and there is no provision for additional witness. Only under exceptional circumstances a new witness can be added...that exceptional circumstance possibly can be disappearance/death of listed witness.