• Filing of defence evidences just before final argumnt in 138 case

I have filed three applications of defence evidences in 138 case against in which one is for calling opinion of handwriting expert to prove that cheque was filled up and misused by complainant but complainant has stated that cheque was already filled up when i handed over the same to him. second and third application contains relevant defence evidences....all applications are to be heard on the date fixed for R D E and final arguements.....all applications have served to complainant by filing PF....I m afraid whether ACMM will allow all applications or not though all are directly relevant but have been filed very late
Asked 7 years ago in Criminal Law
Religion: Hindu

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5 Answers

1. Generally such interlocutory applications are not allowed at the advanced stage of evidence and argument.

2.You should have filed those application beofre the trial began.

3.At this stage I find little chance that those would be allowed.

So all the best.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

1) since evidence has been closed and case placed on board for final arguments it is doubtful that court will allow your application to call for opinion of handwriting expert

2)you were at liberty to make an application earlier or examine witnesses but you did not to do so

3) in case ACMM allows the application complainant is at liberty to file revision application against said order

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Supreme Court in Kalyani Baskar (Mrs.) v. M.S. Sampoornam (Mrs.) , it is submitted that in a case the offence under Section 138 NI Act the learned MM should ordinarily entertain a request by the defense for referring the cheques for opinion of the handwriting expert since that was a valuable right the denial of which would mean the denial of a fair trial.

2) you can file recvision application against order of ACMM

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

all applications are to be heard on the date fixed for R D E and final arguements.....all applications have served to complainant by filing PF....I m afraid whether ACMM will allow all applications or not though all are directly relevant but have been filed very late

Court will allow equal opportunities to the opposite side also.

Though this application may have been filed belatedly the court will allow the petitions at least on costs.

You may present a strong argument on the hearing of the present applications.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

the evidences mentioned in the first question are too much relevant....but if ACMM does allow three applicationsthen can we file revision pettition

Yes a revision can be taken up with the sessions court if the trial court dismisses the present applications pending before it.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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