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shailendra patadia (director)     02 August 2012

Interchange of examination in chief of two different cases

i have a complaint where two case have been filed against me where in am accused  Case A and Case B in both the complaint the complainant and accuse are same the cases are  for different cheque dishnoured while submiting the examination in chief with respect to case A the complainant mentions and marks and exhibits  the cheque, bank return memo, postal aknowladement and other exhibits with respect to case B  and with respect to case B the complainant in his examination in chief mentions and marks and exhibits the cheque bank return memo, postal aknowladement and other exhibits with respect to case A  this fact was brouhgt to notice in the cross of the complainant and as such the cross of the complainant was over and the matter was posted for further witness now the complainant have came forward with an application to inter change the examination in chife ie: to place the examination in chief of A in the case of B and visa versa .as such the complainant have not mentioned any section in which such application for exchange is mader for . so  my question is there any peovision where such inter change of examination in chief of diferent cases be allowed and if not the any judgmnet to object such application to fill in lacuna  



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 5 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     09 October 2012

Examination in chief can not be changed, what happened in your case. Please inform.

shailendra patadia (director)     09 October 2012

Sir's

            my case is stll pending for the orders on the application of the complainant it would be of great help if you could give me some judgmernt as to examination in chief cannot be changed thanking you once again for the same

 

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     09 October 2012

No need for any judgement for your case, instead ask the other party to give judgement in support of his / her application. This is a basic issue, requst the court of pass a speaking order.

If it goes against you go in revision .

Who ever suggested you this defense has used proper reasioning which  isalways there with every body but they seldom use it.

 

R Trivedi (advocate.dma@gmail.com)     09 October 2012

This is the comic sitaution from all the three sides:

 

1. Court did not bother to check the cheque number at the time cognizance (Surely cheque number would have been stated in complaint and affidavit).

 

2. Complainant thinks that he does not need anything if cheque is with him.

 

3. Accused counsel hardly pays any heed at the start of the case.

 

4. And who advised you to bring to the notice of the court during cross that there is a hotch potch between case A and case B. You could have either kept low or at the best suggested that cheque number is not matching.

 

Your best stand is that the cognizance against you was taken without proper application of mind... Let complainant come forward with his argument, you oppose the application.. Court cannot exchange like this...

shailendra patadia (director)     05 January 2014

the megistrate have allowed the interchange of the examination In chief and also given liberty to exchange the exhibits marked in one case with other case  assuming inherent powers to do justice in view of the supreme court judgment in zandu pharma where in supreme court have observed that all court have inherent powers to do justice kindly advice i have filed appeal in sessions court which is pending


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