Legal Question in Criminal Law in India

Re: Section 138 of N.I.Act in India

new amendement is discretionery to megistrate but not compulsion and hence it is going on just olden days.

If cross examination is completed by the accused's advocate and you do not wish to bring any witness from your side you can close the evidence from your side and prey for keeping the matter for statement of accused which will be recorded by the court u/s. 313 of CrPC. In the said statement if accused says that he wants to lead evidence in that event the court can fix the matter for his examination in chief. Thereafter your counsel has to cross him and his any witnesses if he brings and thereafter acuused has to cloase his evidence from his side. Then the court will fix the matter for argument of adviocate thereafter court will prononce judgement. If accused does not give his evidence or bring any witness than matter will be keep matter strait for argument.

In part heard matters complainant has to be very aggresive and pleading to court for short dates so that your matter can concluded very fast.

Your Notice of Feb 2004 is not clear, for what reason such notivce to accused is issued.

Re: Section 138 of N.I.Act in India

The simple solution would be to apply for expeditious trial, which normally any Court would grant. If despite an Order of expeditious trial, there are delays, approach the High Court and obtain an order to complete the trial in a time bound manner.

Re: Section 138 of N.I.Act in India

There is no remedy for the delay in a legal battle. That is our Indian Legal System. Having accepted you have to stay till end or withdraw your complaint to have a quiteus to the issue.