Chetan (Advocate) 02 April 2009
sub -Sec. (2) of Sec. 231. provides that the cross of a witness is deferred with permission of judge till the cros examination of another witness.
Res Member, In my case I ( 138 NI Act) I want to take the cross - examination of another witness by deferring the cross of complainant till the cross of another witness.
whether I can take the benefit of Sec. 231. if any citation pls. provide
N.K.Assumi (Advocate) 02 April 2009
That is judge discretion, but discretion should be in the interest of justice and your prayer should be allowed. Refer: AIR 1960 Bom 150: AIR 1921 Cal 1. AIR 1920 Pat 351. If your prayer for postponment of crosss examination is reasonable one under the circumstances, the judge should allow cross-examination to be reserved.Till examination of all witnesses.
Swami Sadashiva Brahmendra Sar (Nil) 02 April 2009
agree with mr. assumi
A.Mohamed Thaheer (ADVOCATE) 02 April 2009
I agree with Mr. Assumi
Ashey 03 April 2009
Thanks for the information Mr.Assumi
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 03 April 2009
The section 231 is applicable for sessions trial only.
You can application u/s 311 and press for its relevance. In interest of justice Court has to order recall for croos any witness.
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