Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once complainant has brought forward his case by giving his affidavit about the issuance of cheque, dishonour of cheque, issuance of demand notice etc., he can be cross-examined only if accused makes an application to Court as to, on what point he wants to cross examine the witness(es) and then only..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Recall of CW1 - Earlier application filed u/s 311 Cr.P.C. for recall of CW1 was rejected and since accused did not chose to challenge the said order, same attained finality - Accused thus, has no right to move another application with same prayer for same purpose on the ground that certain..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness to further cross examine lawful attorney of Bank - Once Court had already allowed the application for substitution of attorney in place of previous attorney then question of complaint not having been filed by a lawful attorney and that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant witness for further cross-examination - Dismissal of application - Merely because earlier counsel has shown laxity in not cross-examining the complainant, on that score, it cannot be construed as a ground to recall witness and permit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant's witness for further cross-examination - Trial is still at the stage of defence evidence - Accused prayed that an opportunity be granted to cross-examine complainant's witness on one date only - Adducing evidence by accused in support of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cross-examination of complainant - Once complainant has brought forward his case by giving his affidavit about issuance of cheque, dishonour of cheque, issuance of demand notice etc., he can be cross-examined only if accused makes an application to Court as to, on what point he wants to cross examine..........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Defence plea of accused - Once summoning order is issued in the case, it is obligation of accused to take notice u/s 251 Cr.P.C, if not already taken and enter his/her plea of defence before concerned Metropolitan Magistrate's Court and make an application, if they want to recall any witness...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - Plea that it is not proper or permissible to recall a prosecution witness after final hearing of the case - There is no illegality in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - Court at any stage of inquiry, trial or other proceedings can act in one of three ways : (i) to summon any person as a witness; or (ii)..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Recall of PW1 - Complaint u/s 138 of N.I Act - Grounds for recalling PW1 not mentioned in the application - Complaint u/s 138 of N.I Act pending since 2010 and witnesses of complainant already been cross-examined in 2017 - Application filed by accused appears to be totally..........
