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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

 3 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.


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