AI Overview...
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Reexamination Rights and Procedures - The courts have emphasized that reexamination of witnesses, including complainants, must be conducted within a specified timeframe (generally three months) and must be supported by proper reasons. Several cases highlight that reexamination should not be ordered arbitrarily; for instance, KANTA JINDAL VS RASIK GUPTA - Delhi, Sumitra Devi VS Kapoor Chand - Himachal Pradesh, Indian Bank Association VS Union of India - Supreme Court, and Harjeet Singh VS State of Rajasthan - Rajasthan stress the importance of procedural adherence and timely conduct of reexamination under Section 138 of the Negotiable Instruments Act and relevant Criminal Procedure Code provisions.
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Court's Requirement for Reasons - Courts are mandated to provide clear reasons when ordering reexamination. In Fulchand Shankarji Shende VS Sandip Sukhdeo Thaokar - Bombay, the court held that an order lacking reasons is unsustainable, as per Section 326(1) of the Criminal Procedure Code, underscoring the necessity for transparency in judicial decisions related to reexamination.
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Scope of Reexamination in Summary Trials - The procedure for reexamination differs in summary trials under Section 326 of Cr.P.C., where such proceedings are generally simplified and do not require extensive reexamination processes (Harjeet Singh VS State of Rajasthan - Rajasthan).
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Evidence and Affidavits - The courts have clarified that complainants may provide evidence via affidavits under Sections 138 and 145 of the Negotiable Instruments Act, but the accused cannot do so, and their right to cross-examine witnesses remains unaffected (Rajeshwar Dayal Pareek VS Alankar Marble And Grenite - Rajasthan, Afzal Pasha VS Mohamed Ameerjan - Karnataka).
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Fair Trial and Proper Representation - The reexamination process must ensure fair trial rights, including the opportunity for cross-examination and proper guidance, especially when previous counsel may have provided improper guidance, as discussed in KANTA JINDAL VS RASIK GUPTA - Delhi.
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Main Insights:
- Reexamination should be ordered with clear reasons and within statutory timeframes.
- The scope of reexamination is limited and procedural safeguards are necessary.
- Evidence via affidavits is permitted for complainants but not for the accused.
- The procedural integrity of reexamination impacts the fairness of proceedings under Section 138 NI Act.
References: - KANTA JINDAL VS RASIK GUPTA - Delhi - Fulchand Shankarji Shende VS Sandip Sukhdeo Thaokar - Bombay - Sumitra Devi VS Kapoor Chand - Himachal Pradesh - Puspa Samajdar VS Anandaloke Charitable Hospital - Consumer - Uggina Apparao VS State Of A. P. - Andhra Pradesh - Indian Bank Association VS Union of India - Supreme Court - Inderjeet Kaur Kalsi VS NCT of Delhi - Delhi - Harjeet Singh VS State of Rajasthan - Rajasthan - Rajeshwar Dayal Pareek VS Alankar Marble And Grenite - Rajasthan - Afzal Pasha VS Mohamed Ameerjan - Karnataka
Search Results for "Reexamination of Complainant 138"
2016 0 Supreme(Del) 3335 • India - Delhi
P.S.TEJI
The petitioner sought to recall the complainant for reexamination, alleging improper guidance by previous counsel and delay tactics ... Section 138 - Negotiable Instruments Act - 138 - Summary: The court discussed the petitioner's right to fair representation in ... Fact of the Case: The respondent prosecuted the petitioner for issuing a dishonored cheque under Section 138 of the ... for reexa....
2009 0 Supreme(Bom) 1122 • India - Bombay
D.D.SINHA
The court held that the impugned order cannot be sustained in law due to the absence of reasons for reexamination. ... , as the magistrate did not provide any reasons for ordering the reexamination, which is necessary as per the proviso to Section ... Decidendi: The court held that as per Section 326(1) of the Criminal Procedure Code, the magistrate must provide reasons for ordering reexamination ... ), no reasons are given by the Magistrat....
2023 0 Supreme(HP) 249 • India - Himachal Pradesh
VIVEK SINGH THAKUR
status of respondent in reference to facts stated in examination-in-chief and in cross-examination with respect to that - However, complainant ... Section 311 - Dishonor of cheque - Re-examination - Petitioner approached Court against rejection of application filed by her for her reexamination ... for not praying her re-examination at time of cross-examination, should not be made to suffer and as such to this limited extent reexamination ......
• India - Consumer
M.K.BASU, D.KARFORMA, S.MAJUMDAR
of a petition of complainant for an order allowing her to adduce evidence in support of her case after hearing of arguments at final ... Consumer Protection Act, 1986 — Section 13(4) r/w. 15 — C.P.C. 1908 — Section 151 — Evidence Act, 1872 — Sections 137 and 138 — Rejection ... But ... these two Sections deal with the question of recalling a witness for further examination or reexamination ... No evidence was adduced from the side of the #....
2024 0 Supreme(AP) 987 • India - Andhra Pradesh
V SRINIVAS
The complainant issued a legal notice, but the accused failed to respond, leading to the complaint under Section 138 of the N.I. ... Act favors the complainant, and the accused must provide evidence to rebut this presumption, which he failed to do. ... Fact of the Case: The accused borrowed Rs.50,000 from the complainant, issued a cheque ... It is settled law that the minutest reexamination of whole evid....
2014 0 Supreme(SC) 321 • India - Supreme Court
K.S.RADHAKRISHNAN, VIKRAMAJIT SEN
– Examination-in-chief, cross-examination and reexamination of the complainant must be conducted within three months of assigning ... (a) Negotiable Instruments Act, 1881 – Section 145 – Complainant ... ;(b) Negotiable Instruments Act, 1881 – Section 138 ... ... (5) The Court concerned must ensure that examination-in-chief, cross-examination and reexamination of the ... of the complainant#HL_E....
2013 0 Supreme(Del) 1584 • India - Delhi
J.R.MIDHA
. - Negotiable Instruments Act, 1881 - Section 138 of NI Act, Section 311 Cr.P.C. - The court discussed the scope and ambit of Section ... Fact of the Case: Respondent filed a complaint under Section 138 of NI Act against petitioner for dishonored ... Kohli which the complainant wanted to summon under Section 311 Cr.P.C. has been mentioned repeatedly by the complainant. ... Sanjay Shaw, (2003) 11 SCC 486, the appellant c....
2016 0 Supreme(Raj) 43 • India - Rajasthan
SANDEEP MEHTA
Cr.P.C., 1973, Sec. 326(3) read with Negotiable Instruments Act, 1881, Sec. 138, 139, 143 - Summary trial or summons case - Non-adherence ... nbsp; na-iz-la-] 1973] /kkjk 326¼3½ lifBr ijØkE; fy[kr vf/kfu;e] 1881] /kkjk 138 ... The procedure of examination in chief, cross-examination and reexamination is not applicable in summary trials. ... complainant must be conducted within three months of assigning the case. ... of the....
2023 0 Supreme(Raj) 1559 • India - Rajasthan
MANOJ KUMAR GARG
Evidence - Negotiable Instruments Act - Sections 138, 145 - The court interpreted Sections 138 and 145 of the Negotiable Instruments ... Act, emphasizing that while complainants can provide evidence via affidavit, accused cannot do so, influencing the dismissal of ... Ratio Decidendi: The court concluded that Section 145 allows only complainants to provide evidence via affidavit, and the ... The Court concerned must ensur....
2016 0 Supreme(Kar) 341 • India - Karnataka
ANAND BYRAREDDY
The said provision does not in any manner affect the right of the accused to cross examine the complainant and his witnesses. ... NEGOTIABLE INSTRUMENT ACT, 1881 – Sections 138, 145 – Dishonour of cheque – Whether Accused can give evidence by affidavit? ... has left it open to the accused to exercise the option of examining himself as a witness for an offence punishable under Section 138 ... The case of the complainant in ....
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