Legal Question in Criminal Law in India

Warrant

I am working as a legal representative of a company, appeara in court as a legal representative of co.. Company has filed cases u/s 138 of N.I. act.Before joining this Co.nearabout 4-5 substitution has been filed as representative and now Judge has given the last warning that he will not allow further substitution and will dismiss the case. now my advocates telling me that if you will leave the Company then we will issue summons/warrants against you as your affidavits are filed in many cases and you have to come in the court to attend cross Under which provision summons/warrant can be issued. If I join some other comapany then I will not get time to face the cross in repect of which my affidavit has been filed. whether It is obligatory to give evidence in court when I have joined other company(I have not signed any bond)


Asked on 5/02/07, 5:10 am

4 Answers from Attorneys

Re: Warrant

yes.your affidavit is examination in chief and you must have to appear for cross examination.

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Answered on 5/02/07, 12:52 pm
G. M. Gupta gmguptaandassociates

Re: Warrant

i can say both YES and NO

it depends on various circumstances

generally it will be yes but you can not be compelled to give evidence on behalf of the company........

its better you take advice in person

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Answered on 5/02/07, 3:08 pm
Vishwa Arya Arya & Co.

Re: Warrant

yes, the court may compel to complete your deposition once you have submitted your affidavit to the court.

You may move an application before one court that you have resigned and you never had personal knowledge, the company itself will move the higher court for substitution of your affidavit or additional evidence

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Answered on 5/05/07, 3:19 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Warrant

Affidavit of Complainant in case u/s.138 is Examination-in-Chief and a witness who has given partial evidence can always be compelled to appear before Court to complete his evidence i.e. face Cross-Examination by resorting to various processes like Summons, Bailable Warrant and Non-Bailable Warrant. However, if a witness is residing at far away place, then Court can also issue Commission for his/her examination.

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Answered on 5/02/07, 5:35 am


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