Legal Question in Criminal Law in India

to prove giving of citation on record given during trial

In a case u/s 138 NI Act, many a times adjournment is given by the trial court only by asking from the side of accused who wants to protract the trial on the various ground, one of them is his advocate is busy with another case, so he can not appear or Sr Advocate sends Jr. advocate only to protract the trial. We have citation in our hand of the Hounourable Supreme court, that if advocate is not available, it is not a special reason and the adjournment should not be given, and if given only to the next day. But it happens that when we give that citation to trial court, it never pays attention towardrs it and the said citation is not put on record in file. If on the other hand, if a citation is given with application, then it is told that application will be decided and for this at least three hearing dates are lapsed with long intervals. First for handing over the application, Second for argruments and third for deciding the application. In this way, it also takes long time. What procedure should be adopted to put the citation on record in a way it can not be thrown, and if it is not put on record, we can prove that we have given that citation to the trial court and it is not on record.


Asked on 2/17/09, 6:31 am

5 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: to prove giving of citation on record given during trial

You may approach the next higher court against an order passed by the trial court; if your counsel's citation is not accepted by the trial court, you may make a mention of this fact alongwith affidavit of the counsel.

Read more
Answered on 2/17/09, 10:16 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: to prove giving of citation on record given during trial

You can put citation on record with a Purshis.

A Purshis is a statement of facts without any prayer. Generally, a Purshis is given to put on record the statement of facts. Please ensure that relevant citation and ration is properly and correctly stated in the Purshis.

Such Purshis is given a Exhibit Number, which you can keep note of.

Read more
Answered on 2/18/09, 6:01 am
pramod kumarojha advocatepramodkumarojha

Re: to prove giving of citation on record given during trial

You should approach the Higher authority than to presing officer through your advocate

Read more
Answered on 2/18/09, 9:07 am
Pranav Desai PD Legal & Associates

Re: to prove giving of citation on record given during trial

I believe you can put the citation on record when the opposite party is seeking an adjournment on a lame ground. On that day the court willhave to keep the citation on record and pass an order on the application made by the opposite party for seeking adjournment.

If the court does not keep the same on record your advocate or you have to request the court to keep the same on record

Read more
Answered on 2/17/09, 1:25 pm
Pranav Desai PD Legal & Associates

Re: to prove giving of citation on record given during trial

I believe you can put the citation on record when the opposite party is seeking an adjournment on a lame ground. On that day the court willhave to keep the citation on record and pass an order on the application made by the opposite party for seeking adjournment.

If the court does not keep the same on record your advocate or you have to request the court to keep the same on record

Read more
Answered on 2/17/09, 1:25 pm


Related Questions & Answers

More Criminal Law questions and answers in India