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Indian Laws - Highlights / Catch Notes

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Dishonour of cheque - Cross-examination of complainant - The ...


Cross-examining a witness thoroughly negates further questioning; misuse of legal process delays justice in NI Act cases.

February 10, 2024

Case Laws     Indian Laws     HC

Dishonour of cheque - Cross-examination of complainant - The Court held that, it is clear that the petitioner had extensively questioned the complainant in his cross-examination, and there is no ground to further examine the complainant. In these circumstances, this Court is of the opinion that the provisions of Section 391 of Cr.P.C. cannot be used to delay the proceedings or to cause inconvenience to the other party as that also amounts to miscarriage of justice by delaying the proceedings under Section 138 NI Act, and abuse of process of law, especially in cases where complainant has already been cross-examined in detail and no grounds are shown to recall the witness.

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