• Production of additional documents during cross examinatin [ Madhusudan De - Complainant]

REF CASE : NI
 I had sent advocate notice on various date i,e 10/02/2017,18/02/17 & 23/02/17 . Notice on 10/02//17 which was return back with the heading of absent ,out of station. But in FIRISTI documents filed only 
 [1] copy of advocate notice on dated 10/02/2017 [2] original copy of AD/Envelope on dated 10/02/2017 which was RETURN BACK [3] original postal slip & AD on Dated 18/02/17 [without advocate notice copy ] [4] original postal slip & AD on dated 23/02/2017 [ without advocate notice copy] .
 
Can I produce the addititional documents i,e advocate notice 18/02/2017 & 23/02/2017 during my cross examination ?
Madhusudan De, e-mail : [deleted]
Asked 4 years ago in Criminal Law
Religion: Hindu

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10 Answers

If notice to produce said documents have been issued you can produce additional documents during your cross examination 

 

2) 

Absence of a provision in the Code of Criminal Procedure (Cr.P.C.), corresponding to provisions in the Code of Civil Procedure (C.P.C.), empowering lower courts to accept additional documents during course of trial would not preclude the courts from accepting such documents, the Madras High Court Bench here has held.

Dismissing a criminal revision case, Justice P.R. Shivakumar said the Cr.P.C. did not contain any specific provision prohibiting trial courts from accepting additional documents at the time of trial and, therefore, it must only be construed that the courts were well within their powers to accept documents relevant to the case under trial.

“Of course, if the document is one based on which the complaint itself had been preferred, the non-production of the same along with the complaint can be found fault with. When a relevant fact is sought to be proved by the production of additional document, it must be considered leniently so that the complainant is not denied of an opportunity to prove his case,” the judge said.

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Yes you can. You can show it to the witness and get it exhibited

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

There is a presumption that the addressee has received the letter sent by registered post, even if returned with the note absent ,out of station.

Is this cheque bounce case ?

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

It can be exhibited. If the doucment is produced by the defendant and confronted by the plaintiff it will be marked as exhibits in the D series and vice versa

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes you can produce the documents during your cross examination.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The notices sent again and again would nto be considered as legal notice and it may even turn fatal to your own defence/case.

You discuss with your advocate and analyse the situation before filing any additional documents, however you may produce any document in your support during your chief examination and not at the time when you are  being cross examined.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you wish to bring on record of the court of law the remaining evidence as being the notices.
  2. Yes, as they are part of the same transaction, you can bring on record for sure as court allows even the new evidences.
  3. But in both the cases, you will have to move an application as per the provision of Cr. P. C. to take it on record after the courts seal to allow it and that is also you will have to do before the date of your cross examination.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Yes you can. You don't have to cite section for the same. It will be governed by section 145 of Indian evidence Act

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

You can confront the accused with the said documents during cross examination and they can be taken on record and marked as exhibits 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Out of station remark is valid delivery of notice, Supreme court has ruled. First notice is valid.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

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