[V S]

Thank u sir.

[V S]

thanks sir..

[V S]

sir, can a third person (friend or relative of the accused) write an application to the police incharge of the station where FIR is lodged or the concerned superintendent of Police on behalf of the accused for a certified copy of the FIR in a situation where FIR is not yet submitted to the court so that accused can take appropriate step, either anticipatory bail or cross case FIR or an application for quashing FIR, accordingly depending on the materials of allegation against him in the FIR???

[V S]

got it. Thanks a lot sir.

[V S]

thanks sir.

[V S]

Thanks.

[V S]

thanks a lot sir for the detailed explanation….

[V S]

Sir, if Indian Evidence Act does not apply to Consumer Court proceeding, how is a given piece of documentary evidence is proved in the absence of original documents? Complainant usually attaches copies of original documents with the complaint. In such case, how shall a consumer court verify a given zerox copy of a documentary evidence? Documents submitted along with the complaint may be a fake one or a forged one or a tampered one. CPA, 1986 authorises or empowers a consumer authority to make a criminal complaint under relevant sections of IPC and CrPC against a complainant or an opposite party if he/she commits an offence of perjury or felony. If a complainant/respondent has to seek opinion of a forensic expert as to authencity of documentary evidence submitted by either party, how shall it be achieved? If Indian Evidence Act is not applicable, how shall cross-examination be done on a witness? How shall the principle of natural justice be upheld then?
Sir, are you saying that whenever a complainant/respondent has a doubt as to authenticity of documents (issue of a fact), should he approach a civil court instead?? Are you saying that consumer court proceedings are to be summarily and expediously conducted only when both the parties have no issues with the copies of documentary evidences submitted by them?

Please, do clear this air of confusion.

[V S]

Thanks a lot sir for such an lucid explanation. much appreciated.

[V S]

Thanks sir for such an elaborate reply.
1. Sir, in case of evidence as to a prosecution witness submitted to court through affidavit,
A. a copy of the same must be given to the accused, right ?
B. The concerned witness must be produced before the court by the complainant if the accused wishes to cross-examine him, right?

2. The court issues a process of summon for witnesses and the complainant himself has to deliver the summon notice signed by the concerned magistrate to the witnesses either through register post, courier or by himself in person, right?

3. Sir, is there any provision under which an application for amending the complaint is to be applied before the court? Or is it just an application with case name and parties details and prayer for amending the application with reasons cited?
For amending just the witness list by removing a witness therefrom, do I have to just submit a new witness list along with the application making a prayer and citing reasons to do so? Or do I have to submit the whole complaint petition again (with word “AMENDED” mentioned in its title) along with the new witness list? Please do clarify. It would be very helpful if you can provide a link of such amendment formats / samples or email me at MOHANA13@GMAIL.COM.

[V S]

For the first instance, the police had arrested the accused and brought her to the court. The police did so because the complainant had bribed it. Thereafter, the complainant could not afford to bribe further. Consequently, police has deliberately shown apathy to take any action. Sir, if police always comes up with a reason of untraceability and thus does not deliberately execute NBW, is Proclamation of the accused’s property the only option left with the complainant in a NI Act case??

[V S]

Sir thanks a lot for such a detailed and elucidated reply…much appreciated.

[V S]

very useful piece of answer sir. Thank you very much…much appreciated.

[V S]

Thanks for your quick reply. Sir, bail bond is already cancelled. That’s why NBW has been issued against the accused. Since the accused has been absconding, its very difficult on the complainant’s part to trace the whereabouts of the accused. Since there is criminality now attached to a check bounce case, is it not the Police’s responsibility / duty to look for the accused, arrest him and bring him to the court when a NBW is already issued by the court like police executes a NBW in any other criminal offence?? If a complainant has to do all the hardship to trace an absconding accused, what is the point of giving criminal color to NI Act?? Sir, please, clear the air of confusion.
Surity was the accused’s father. Can I at least get the surity summoned to the court and questioned?? But since the bail bond stands already cancelled now, I think, I cannot do that. Please, correct me. Despite the accused absconding, the court never issued a warrant or atleast a summon against the surity when the surity was duty bound to ensure presence of the accused in the court. The court rather directly issued a NBW against the accused.

[V S]

Thanks a lot for your immediate response. Could you sir let me know supreme court’s judgement as to same identity of a proprietor and its firm (proprietorship) as one entity. I was a software engineer. Its been just a year since I have been practicing as an advocate. I need advice and support of a senior lawyer like you. Could I get your contact number please sir? I shall be very grateful.

[Author]

Posts