2023 (8) TMI 1382 - HC - Indian Laws

Dishonour of Cheque - when the statement of accused under Section 313 of Cr.P.C. is required to be recorded - HELD THAT - On plain reading of the proviso to Section 313(1)(a) and (b) of Cr.P.C., it would be manifestly clear that the statement of accused under Section 313 of Cr.P.C. has to be recorded after the witnesses for prosecution have been examined and before he is called on for his defence in every enquiry or trial. The object and purpose behind it is to enable the accused personally to explain any circumstances appearing in the evidence against him. The non-compliance of this mandate of law is not a mere irregularity as observed and held by the First Appellate Court in terms of Section 465 of Cr.P.C. In view of the principles enunciated in the aforementioned judgments of Hon'ble Apex Court in INDIAN BANK ASSOCIATION AND OTHERS VERSUS UNION OF INDIA AND OTHERS 2014 (5) TMI 750 - SUPREME COURT , recording of statement under Section 313 of Cr.P.C. on the day of appearance of accused is a serious irregularity which renders the entire proceedings from the stage of recording accused's plea vitiated. The procedure adopted by Trial Court recording statement of accused under Section 313 Cr.P.C. on the day of appearance much before the conclusion of complainant side cannot be legally sustained in view of clear mandate of law in terms of Section 313(1)(b) of Cr.P.C. The Courts below have recorded contrary finding regarding the procedure adopted by Trial Court for trial of summons case and in recording statement under Section 313 of Cr.P.C. Therefore, interference of this Court is required. The Criminal Revision petition filed by the revision petitioner is hereby allowed.

Summary

Issues Involved:
The revision petitioner/accused challenges the judgment of the First Appellate Court confirming the Trial Court's conviction for the offense under Section 138 of N.I Act based on the dishonored cheque issue.

Summary:
The complainant entered into an agreement of sale with the accused for a flat but the sale deed was not executed despite partial payment. The accused issued a cheque that bounced due to "Account Closed." The Trial Court convicted the accused, but the revision petitioner argues that the accused was not given a proper opportunity to present evidence and that the recording of the accused's statement under Section 313 Cr.P.C. on the day of appearance was irregular. The respondent justifies the lower courts' judgments. The revision petitioner relies on the Supreme Court's judgment emphasizing the need to put every circumstance to the accused during the trial. The Trial Court's approach in recording the accused's statement was criticized for not following the proper procedure. The Court held that the Trial Court's procedure was not legally sustainable and remitted the matter back for fresh consideration within six months.

The revision petitioner contested the conviction under Section 138 of N.I Act due to irregularities in the trial procedure, specifically the recording of the accused's statement under Section 313 Cr.P.C. on the day of appearance. The respondent defended the lower courts' judgments. The Supreme Court's directive on recording the accused's statement was cited to highlight the importance of allowing the accused to explain circumstances against them. The Trial Court's failure to follow the correct procedure was deemed irregular, rendering the entire proceeding vitiated. The Court allowed the revision petition, setting aside the lower courts' orders and remitting the matter for fresh consideration within six months.