Monday, March 1, 2010

Dishonour of cheques

Dishonour of cheques _ Evidence for defence _ Issuance of witness summons to complainant _ Legislature has not specified and expressly mentioned in the Section 243 of Cr.P.C. that "any witness" in Sub Section (2) of Section 243 would not include the complainant _ Even there is nothing to indicate that words used in the Section 254 "any witness" does not include "complainant" _ On plain reading of section 254, it cannot be said that the word "any witness" used in Sub-Section (2) of Section 254 does not include complainant _ Even adversary including the complainant can be examined as witness.
Smt. Sitabai w/o Prabhakar Paunikar Vs. Vilas s/o Vishnu Saranjame 2010 (2) LJSOFT (URC) 58

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.