Legal Question in Criminal Law in India

sec138 of NI Act clarification requested

Filed case u/s 138 of NI act. Whether the complainant/Advocate can inquire the Accused as witness since the Accused gave false statement that he has not given cheque. pl also quote the provision of the law


Asked on 11/15/08, 5:56 am

5 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: sec138 of NI Act clarification requested

Accused can not be called as witness by complainant.

However, an accused himself can choose to be a witness. In such event, the complainant or his advocate would be entitled to cross-examine the accused.

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Answered on 11/17/08, 1:08 am
Shrichand Nahar S.V.Nahar, Advocate

Re: sec138 of NI Act clarification requested

Accused can not be called as witness by complainant.

However, an accused himself can choose to be a witness. In such event, the complainant or his advocate would be entitled to cross-examine the accused.

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Answered on 11/17/08, 1:10 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: sec138 of NI Act clarification requested

No accused cannot be called as witness to give evidence. However if he by himself acts as witness he can be cross examine by prosecution

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Answered on 11/22/08, 12:44 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: sec138 of NI Act clarification requested

In a pending case, it is better to follow advice of the conducting counsel who is aware of facts and documents on record.

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Answered on 11/15/08, 7:50 am
Nasir Butt Nasir Law Associates

Re: sec138 of NI Act clarification requested

Matter is sub-judice therefore it is better to keep silence unless case is decided.

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Answered on 11/15/08, 1:03 pm


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