Re Examination Application Draft

Summary

A draft application under Section 137 of the Indian Evidence Act for re-examination of a witness to clarify ambiguities and unclear statements. The application includes a detailed explanation of the need for re-examination and a prayer for the court to permit it.

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IN THE COURT OF SH. SHIVAM GUPTA LEARNED JUDGE, NI ACT (DIGITAL COURT-*) PATIALA HOUSE COURT, NEW DELHI CC.NO. */* IN THE MATTER OF: ANIL GROVER …COMPLAINANT VERSUS NITIN KHURANA & ANR. …ACCUSED PERSONS APPLICATION FOR RE-EXAMINATION OF THE COMPLAINANT U/S * OF BHARATIYA SAKSHYA ADHINIYAM, * FOR CLARIFICATION & EXPLANATION MOST RESPECTFULLY SHOWETH: At the time of cross examination complainent jo hai vo ghabra gya use smz mai nhi aya ki usko kya jawab deni chaiye tho usne voluntraroy mai ye kh diya ki na hi muze koi cheque recevied hua or na hi bank mai aine submitted kiya.
To draft an application under Section * of the Indian Evidence Act for re-examination of the complainant for clarification and explanation, you can use the following template:
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IN THE COURT OF SH. SHIVAM GUPTA
LEARNED JUDGE, NI ACT (DIGITAL COURT-*)
PATIALA HOUSE COURT, NEW DELHI
CC.NO. */*
IN THE MATTER OF:
ANIL GROVER ...COMPLAINANT
VERSUS
NITIN KHURANA & ANR. ...ACCUSED PERSONS
APPLICATION FOR RE-EXAMINATION OF THE COMPLAINANT U/S * OF BHARATIYA SAKSHYA ADHINIYAM, * FOR CLARIFICATION & EXPLANATION
MOST RESPECTFULLY SHOWETH:
*. That the applicant is the complainant in the above-mentioned case.
*. That during the cross-examination, the complainant got nervous and made some incorrect statements.
*. That it is crucial for the fair adjudication of the case that the complainant be re-examined to clarify and explain the following points:
- The complainant's receipt of the cheque.
- The submission of the cheque to the bank.
*. That the re-examination will assist the Hon'ble Court in arriving at a just decision.
Prayer:
In view of the above, it is most respectfully prayed that this Hon'ble Court may permit the re-examination of the complainant, Anil Grover, for the purpose of explanation and clarification of the points mentioned above.
Any other order which this Hon'ble Court may deem fit and proper in the interest of justice may also be passed.
Date: [Date]
Place: [Place]
Yours Faithfully,
[Your Name]
[Your Signature]
[Your Address]
[Your Contact Information]
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Would you like any further customization or additional details?
MOST RESPECTFULLY SHOWETH: *. The above-noted case is pending before this Hon’ble Court and fixed for hearing on *.*.*. *. That the counsel for the accused cross-examined the Complainant Mr. Anil Grover on *.*.*. The accused lawyer asked various questions to defend the accused. *. That during the cross-examination, When the learned counsel for the accused posed the final question to the complainant, Mr. Anil Grover, the complainant did not fully understand the question. As a result of confusion and anxiety, he voluntarily made an incorrect statement that I did not receive the impugned cheque nor I have presented it to my banker. At that moment, due to his misunderstanding of the question and his nervousness, he unintentionally provides a wrong answer. Make this appicaltion in legal langaugae and add some more points and prayer
Case Rating: *
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IN THE COURT OF SH. SHIVAM GUPTA
Ld. MM, NI ACT (DIGITAL COURT-*)
PATIALA HOUSE COURT, NEW DELHI
CC.NO. */*
IN THE MATTER OF:
ANIL GROVER ...COMPLAINANT
VERSUS
NITIN KHURANA & ANR. ...ACCUSED PERSONS
APPLICATION FOR RE-EXAMINATION OF THE COMPLAINANT U/S * OF BHARATIYA SAKSHYA ADHINIYAM, * FOR CLARIFICATION & EXPLANATION
MOST RESPECTFULLY SHOWETH:
*. The above-noted case is pending before this Hon’ble Court and fixed for hearing on *.*.*.
*. That the counsel for the accused cross-examined the Complainant Mr. Anil Grover on *.*.*. The accused lawyer asked various questions to defend the accused.
*. That during the cross-examination, when the learned counsel for the accused posed the final question to the complainant,Mr. Anil Grover did not fully understand the question. As a result of confusion and anxiety, he voluntarily made an incorrect statement that he did not receive the impugned cheque nor had he presented it to his banker. At that moment, due to his misunderstanding of the question and his nervousness, he unintentionally provided a wrong answer.
*. That the complainant, Mr. Anil Grover, is an elderly individual suffering from a heart condition, which causes him to become easily nervous. On one occasion, he even collapsed in the court and had to be urgently taken to the hospital. Due to his nervousness during the cross-examination, he became anxious and inadvertently made an incorrect statement. In light of these circumstances, it is submitted that the complainant should be re-examined to ensure that his testimony is accurately recorded and that justice is properly served.
*. That the re-examination of the complainant is necessary as it would allow him to provide proper clarification and explanation of the statements made during cross-examination. Given the complainant’s previous confusion and nervousness, it is crucial that he is given the opportunity to correct any unintentional errors and present his testimony clearly. This will ensure that the court receives an accurate and complete account of
payer
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