Dear All,
Kindly enlighten me that what will happen if a witness is not cross examined in a case specially with reference to u/s 138 of Negotiable Instruments Act cases. Will that witnesses chief will not be read or considered by court because the witness was never cross examined or there is no need for cross examination and the courts will pass judgment based on the chief if not crossed examined? I am newely appointed counsel from accused side and the AR of the complainant is not cross examind yet. The is lingering from 2006 and now the matter is in DE. When I moved 145(2) application the judge said this sis not the stage for mving this application. Now should I refrain from cross examining the AR of the complainant or move an applcation u/s 311 Cr. P.C. and cross her. Kindly suggest.
