Legal Question in Criminal Law in India

Sir,

I have a case where there was zirah before charge being conducted by accused Mr. y on accuser Mr. x in a case of 420,467,468,4971.

It is a private istgasa.

Hearing was proposed for Tuesday wednessday and Thursday .

On Tuesday cross was done by mr y and wedness he took leave on chest pain, when he came on Thursday he was shocked to see that he could not ask further questions.

Mr. y was on leave for one day and the honorable judge closed the right to ask further questions on the ground that this taking of leave is a deliberate delaying tactics.

Mr. y has taken leave only once in the last 40 hearings.

The nature of the case is such that Mr. x has charged with cases of frauds such as money grabbing from fixed assets +purchase of raw material +selling without invoices + and inducing Mr. x to invest the amount in the co on the strength of forged photocopy of balance sheet. + taking of full subsidy by promoters.

In co. accounts which were made and got audited by mr x there is normal and no descrpancy reported.

Mr. x has shown some invoices +bills etc to his support.

He has not produced any accounts of the co. to back up his charge to back up his charge that money is actually grabbed by the promoters.

Mr. y was able to get two balance sheets of the co. and was trying to extract the truth asking Mr. x the logical comparative mathematical questions which were going to tell the truth that the charges are basically and primarily false. He was on the border of extracting the truth out of mr x.

This is worth adding here that FIR in this case was closed by the police AND FR IS MADE.

Then civil suit done by the accuser TAKING INTO ACCOUNT THE SAME FACTS could not run/STAND.

My question is if Mr. y should go in for revision or not AGAINST THIS CLOSURE OF RIGHT TO ASK.

PLEASE GUIDE.


Asked on 7/19/11, 5:53 pm

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

If something important was not allowed to be asked / crossed, then challenging that order is necessary. Else, you may not be able to agitate this issue later.

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Answered on 7/22/11, 4:28 am


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