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kishore kumar   16 October 2024

In138 case, application under (94)Bnss 2023

In the cheque bounce case, bank memo, original cheque, notice, post receipt etc. have all been presented in the court. The accused's lawyer has submitted an application under section 94 of BNSS 2023 to produce case papers of the complainant's other cases pending in other courts and the complainant's accounting diary etc., which have no relation to this case.

Please tell me whether the court can ask the complainant to produce the above mentioned documents on such an application?

Is it mandatory to produce these in a 138 case?

Thank you.


Learning

 10 Replies

P. Venu (Advocate)     16 October 2024

Why BNSS? When was the case filed? What is the stage of the case - has summons been issued?

kishore kumar   16 October 2024

case filed in 2020, summon has been issued, accused appeared, got bail, after complainant's evidence and cross examination,accused side appiled above mentioned application.
please guide.

T. Kalaiselvan, Advocate (Advocate)     16 October 2024

They may have to file the petition under section 91cr.p.c only and not under new law.

If the court is convinced about the reasons stated in the petition then it may allow the petition.

adv.raghavan (Advocate,9444674980)     17 October 2024

I do not understand in what way the said documents are relevant to the case in hand if the issuance and signature are accepted. contest on merits, if any negative order you escalate to the high court.

Real Soul.... (LEGAL)     17 October 2024

No such mandate under N I Act, the court should dismiss the application as that is not requierment under 138  N I Act 

kishore kumar   17 October 2024

Thank you very much respected Forum Members for your valuable information.
Thanks again.

The Perfect Solutions (Advocate)     17 October 2024

Though it is not mandated under the NIA, if the court feels that certain truths can be culled out of the evidence produced, it may allow the petition. In your case I feel that this is a time delaying tactics by the accused.

kishore kumar   18 October 2024

Very useful information provided by all respected Forum members.
Thank you very much all Forum members.

P. Venu (Advocate)     18 October 2024

If a real case, what is the case number? Which court?

kishore kumar   18 October 2024

Respected Sri P.Venu Sir, it's a real case of MP District court, will let you know the details once court decide on this 94 Bnss 2023 application,a reply has been submitted on it. waiting for decision.
Thanks Sir.

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