Legal Question in Criminal Law in India

Re: write facts of cross examination of one case in another cases

You cannot file certified copies of deposition of accused in case no. 2 & 3 in the case no. 1 as each case is decided on the basis of ACTUAL deposition made in the respective case. Moreover in sec- 138 cases additional evidences other than already mentioned in the complaint are generally not permitted.

Re: write facts of cross examination of one case in another cases

File certified copies of deposition of witness.

Re: write facts of cross examination of one case in another cases

If you want to rely on admissions of any witness, then same must pertain to record of that case. In case, you need to use his admission in other cases, then a confrontation may be necessary.

Though you have not done any of the above, still you may file certified copy of deposition of accused and argue on admissions relevant for the trial.

Re: write facts of cross examination of one case in another cases

Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

As you say that Rs. 100000/- was given in loan repayable by 24 equal monthly post dated cheques. 14 out of the 24 cheques were dishonoured and three cases u/s 138 NI Act were filed in same trial court. Accused appeared as witness u/s 315 crpc in all three cases and there were three cross examinations of accused at different dates in all three cases and he also wanted his friend as witness to be examined. But in Ist case his friend did not appear, so friend�s witness was closed.Now Ist case is at the stage of arguments and while the other two cases are for witness of friend of accused

True all three cases related to same transaction but at the same time each case has to be decided as its own facts , circumstances and evidence. Under the Evidence Act Court can take judicial notice of certain facts. But without filing certified copies of cross-examination of witness in other cases , writing of facts of cross examination is worthless as per Evidence Act. As you say that Since all three cases are in same trial court and because same facts were disclosed by accused in Ist case, some in IInd case and some in IIIrd case and some of them are controversial also , so to take benifits of the same you are advised to file certified copies of cross examination of witness.

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