Legal Question in Criminal Law in India

A loan is granted to be repaid in 12 equal installments by taking 12 post dated cheques.Post dated Cheques for 5th to 8th installments were dishonoured ,so Ist case u/s 138 was lodged for these four cheques.Post dated Cheques for 9th to 12th installments were dishonoured ,so IInd case u/s 138 was lodged for these four cheques.In Ist case affidavit of Complainant was duly filed and now case is for examination of accused u/s 313 crpc.In IInd case “affidavit of Complainant was duly filed or not” is not confirmed, but affidavit is not available in the Court record file, and now case is for examination of accused u/s 313 crpc.In both the cases, Cross examination of Complainant was already held. Now at this stage, attention of the court automatically has gone that there is no Affidavit of Complainant in IInd Case. Now Hon’ble Court is asking to complainant what to do in this position. So please guide, if possible with citation.


Asked on 6/01/22, 10:43 am

1 Answer from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

A witness or a complainant is cross examined on the basis of his or her evidence. So the missing evidence affidavit will not be fatal to the complainants case if if is genuinely missing from the court file. The cross examination interrogatories will have to be referred and corroborated with the accused's statement u/s 313 for a fair adjudication in the second case. However an enquiry must be held to find out as to real position of the affidavit of the complainant in the second case.

Read more
Answered on 6/02/22, 11:24 pm


Related Questions & Answers

More Criminal Law questions and answers in India