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2021 (9) TMI 1148 - HC - Indian Laws


Issues Involved:
1. Whether the failure to mark documents as exhibits vitiated the trial proceedings.
2. Whether the Applicant suffered any prejudice due to the non-marking of documents.
3. Whether a re-trial/de novo trial is warranted under the circumstances.

Detailed Analysis:

1. Failure to Mark Documents as Exhibits:
The principal contention raised by the Applicant was that the trial proceedings were vitiated because the documents relied upon by the complainant were not marked as exhibits. The Applicant argued that this constituted a fundamental flaw, warranting the setting aside of the judgments and a re-trial. The Court examined the procedural requirements under Section 294 of the Criminal Procedure Code (Cr.P.C.) and Rules 33 and 34 of Chapter VI of the Criminal Manual, which deal with the marking of documents as exhibits.

2. Prejudice Due to Non-Marking of Documents:
The Court noted that the Applicant did not raise any objections to the documents during the trial. The documents were referred to during cross-examination, and specific questions were put to the Applicant under Section 313 of the Cr.P.C. The Court emphasized that the marking of documents is an administrative act and does not determine the proof of the documents. The Court found that the Applicant failed to demonstrate any prejudice caused by the non-marking of documents. The Appellate Court had also rejected this contention, noting that the Applicant did not deny crucial aspects such as his signature on the cheque.

3. Re-Trial/De Novo Trial:
The Court referred to the judgment in Ajay Kumar Ghoshal & Ors. vs. State of Bihar & anr. (2017) 12 SCC 699, which elaborates on the conditions under which a re-trial or de novo trial can be ordered. It was emphasized that such orders should be made only in exceptional cases where there is a failure of justice. The Court found that the failure to mark the documents as exhibits, at worst, constituted an error or irregularity but did not occasion a failure of justice. The Applicant's failure to object to the documents during the trial and their reference during cross-examination negated the claim for a re-trial.

Conclusion:
The Court concluded that the Applicant's contentions were without merit and did not warrant the exercise of revisionary jurisdiction. The criminal revision application was dismissed, and Respondent no.1 was permitted to withdraw the amounts deposited by the Applicant before the Court.

 

 

 

 

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