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2021 (7) TMI 526 - HC - Indian Laws


Issues:
1. Denial of reasonable opportunity to lead defense evidence.
2. Legality of the judgments and the need for remand to Trial Court.

Analysis:
1. The petitioner was accused of an offense under Section 138 of the Negotiable Instruments Act and was convicted by the Trial Court. The complainant alleged that the accused issued a cheque that bounced due to insufficient funds. The accused denied guilt but did not present any defense evidence. The Trial Court convicted the accused, which was upheld by the Sessions Judge. The petitioner contended that she was not given a fair opportunity to cross-examine witnesses and present her defense.

2. The High Court analyzed the Trial Court proceedings and found that the accused was indeed denied a reasonable opportunity to present her case. The Court noted that the accused's requests for adjournments for cross-examination and defense evidence were consistently rejected. The Trial Court's refusal to grant adjournments and the subsequent denial of opportunities to lead evidence or present arguments were deemed unfair to the accused. The Sessions Judge's observation that the accused had opportunities to present defense evidence was found to be incorrect.

3. The High Court held that while there should not be undue delays in justice, parties must be given a fair chance to present their case. Due to the denial of a reasonable opportunity to the accused, the Trial Court's judgment and the Sessions Judge's decision were set aside. The matter was remanded to the Trial Court with directions to provide the accused with an opportunity to cross-examine witnesses and lead defense evidence if desired. Both parties were directed to appear before the Trial Court on a specified date to expedite the case's disposal within four months.

4. The High Court's order allowed the petition, set aside the previous judgments, and remanded the case to the Trial Court for a fair hearing. The Court emphasized the importance of granting parties a reasonable opportunity to present their case and directed prompt disposal of the matter to avoid further delays in justice.

 

 

 

 

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