Legal Question in Criminal Law in India
Final arguments by complainant himself.
Under section 138 NI act, the complete case is fought through lawyer at the level of trial court, but at the time of final arguments, complainant wants to put all arguments himself without the help of lawyer because complainant is competent enough and wants to put a number of citations which helps him in taking full compensation and lawyer is not interest so much in giving much time and busy in number of cases not reading complete file of case even at the time of final arguments.
Can complainant put his arguments himself and if yes, in which section?
2 Answers from Attorneys
Re: Final arguments by complainant himself.
A party to a court proceedings is competent to conduct his/her own matter - whether in the past he/she had appointed a lawyer or not. For this no express provision is neither made nor required. Provisions for conducting matters on behalf of others are made and required.
Re: Final arguments by complainant himself.
Yes you can definitely argue out the matter on your own but it is advisable that you prepare a written arguments and submit it through your lawyer. You can get your arguments checked through another lawyer also. For further query you can contact the undersigned.
with regards.
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