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Process after filing complaint under sec 138 for accused
11-Oct-2024 (In Cheque Bounce Law)
Do accused has to file written statement before examination in chief once complaint filed by complainant or can be filed later or have to move on with directly cross examination (for lawyers). Can we take objection on Examination in chief
In a cheque bounce case under Section 138 of the Negotiable Instruments Act, 1881, there is no strict requirement for the accused to file a written statement before the examination-in-chief. The accused may choose to present their defense through submissions or arguments during the trial. After the complainant completes the examination-in-chief by presenting their witnesses, the defense can directly proceed with cross-examination without needing to file a written statement. However, objections can be raised during the examination-in-chief if the questions posed are irrelevant, inadmissible, or if leading questions are asked inappropriately. It is essential to raise these objections at the appropriate time for the court’s consideration.
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Adv. Ryan Shaji Ponganthara
Mumbai | 25+ Answers
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As per law and procedure After a Complaint there is being stage of filing of Written Statement of which you will have to give a copy to the other side. If you will fail to file WS (Written Statement) then on the application or without an application No WS order will get passed and matter will be proceeded without your WS, then the Complainant will file Examination in Chief.
If your matter is posted for Examination in Chief of Complainant then definately No WS Order is there. in that case file an Application for setting aside No WS order by citing proper reason why you could not file within a ample period of time.
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Adv. Sheetal Pawar
Mumbai | 50+ Answers
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Accused need not file Written Statement before or after Examination in Chief filed by Complainant. The Next stage is to Cross Examine the Complainant on the basis of Chief Examination filed by him/her. And No, you cannot take Objection to the Examination in Chief but you can Object to the admissibility of Evidence marked as Exhibits along with the Affidavit of Examination in Chief on the basis of The Evidence Act.
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Adv. Kamran Shaikh
Mumbai | 5+ Answers
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ln case of cheque bounce case once complaint is filed and it is admitted by the court the court issues summons to the accused to be present before the court and on the same date also file his or her say in the matter to prevent punitive action against the accused. lf the accused is not present in person then he can be represented by his advocate and on filing an exemption application the court may grant him or her exemption from appearance on that particular date
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Adv. Parvez
Mumbai | 50+ Answers
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Well, yes, the accused has to file Written Statement before the Examination in Chief occurs. In reply to Plaint, a Written Statement is being filed. In reply to Complaint, Cross Complaint is being filed. If you are from the Respondent's Side or Accused's Side or Respondent/Accused itself, then, your lawyer can take objection on the Examination in Chief by Prosecution in Criminal Cases/Plaintiff's Side in Civil Cases.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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