Legal Question in Criminal Law in India

Sir,

In one case Director of a pvt. Ltd. Co. launched a private case against me under sections 420,467,468,471. that I have done some fraud.

He gave statement .

He is being crossed by me now.

The present stage is prior to fixing of charge the court has to decide if there is any substance primarily in the case against me and case could be launched or not.

During cross, he is denying everything that he does not remember the things.

I requested the court to arrange me doucuments from the bank er of the co.so that I could prove my innocence.

The court has not taken any action on my application and simply asked me to continue the cross.

I am finding it difficult to extract the truth out of him.

The documents called for by me are self explanatory.

What should I do ?

What remedy is left with me?


Asked on 5/20/11, 8:22 pm

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

Consider making an application U/s.91 Cr.P.C. to call documents. You may consider specifically mentioning in this application that these documents are required for effective and proper cross of the witness.

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Answered on 5/20/11, 11:34 pm
Vishwa Arya Arya & Co.

sir, your case is at the stage of pre charge evidence. If the complainant co has not filed these documents you will be allowed to call them at the stage of defense. Non filing of the documents by the company will go in your favour.

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Answered on 5/21/11, 1:43 am


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