2021 (11) TMI 546 - HC - Indian Laws

Dishonor of Cheque - petitioner/accused submits that, accused could not of complainant complete the cross examination and also he could not adduce his defence evidence - principles of natural justice - HELD THAT - In the circumstances of the case, the concept of principles of natural justice would be that, opportunity is to be offered and not that the court shall go on pending opportunity till opportunity is exhausted. It is reasonable that the requisite opportunity provided, it has reasonably utilised. However in the normal aspect of principles of natural justice, one more opportunity may be given to the petitioner/accused to cross examine the complainant and also to adduce his defence evidence before the trial court but not without conditions. Thus, for the purpose of remand, the judgment of the trial court and appellate court in each of the cases deserve to be set aside and the matters deserve to be remanded to the trial court with conditions. The accused in each of the cases shall deposit 50% of the fine amount before the trial court on or before 30th October 2021 or if any amount is already deposited and in case, if it is less than 50%, the deposit shall be completed to meet the quantum of 50% - Petition allowed.

Issues:
1. Criminal Revision Petitions against Judgment and order dated 09.09.2015 passed by the appellate court in respective Criminal Appeals
2. Common disposal of cases involving the same complainant and accused
3. Extracted facts of the case from certified copy of judgment in Criminal cases
4. Evidence presented in trial court by the complainant and accused
5. Conviction of accused under Section 138 of Negotiable Instruments Act
6. Dismissal of Criminal appeals by the appellate court
7. Applications made by accused under Section 91 of Cr.P.C. and Section 45 of the Indian Evidence Act
8. Allegations of fabrication and misuse of cheques by the complainant
9. Non-prosecution of revision petitions by the accused
10. Proof of legally recoverable debt by the complainant
11. Lack of opportunity for accused to complete cross-examination and present defense evidence
12. Failure of accused to adduce evidence in all cases
13. Remanding of the matters to the trial court with conditions

Analysis:
1. The Criminal Revision Petitions were filed against the Judgment and order dated 09.09.2015 passed by the appellate court in respective Criminal Appeals, which confirmed the judgment and order of the trial court convicting the accused under Section 138 of the Negotiable Instruments Act. The cases involved the same complainant and accused, leading to a common disposal to avoid confusion.
2. The facts of the case were extracted from the certified copy of the judgment, detailing instances of financial transactions, issuance of cheques, and subsequent dishonor, leading to legal notices and non-repayment by the accused despite service of notice.
3. Evidence presented in the trial court included oral and documentary evidence by the complainant, while the accused did not produce any evidence in all cases, resulting in the court allowing the complaints and convicting the accused.
4. The accused made applications under Section 91 of Cr.P.C. and Section 45 of the Indian Evidence Act, seeking production of income tax returns and comparison of signatures on cheques, which were dismissed, leading to the disposal of criminal cases and the accused being held guilty.
5. Allegations of fabrication and misuse of cheques by the complainant were raised by the accused, claiming no liability. However, the complainant proved the legally recoverable debt through the presentation of cheques and payment details.
6. The accused raised concerns about lack of opportunity to complete cross-examination and present defense evidence, while the complainant highlighted the failure of the accused to utilize the provided opportunities.
7. The Court remanded the matters to the trial court with conditions, including depositing 50% of the fine amount, appearance dates for both parties, completion of evidence, and a deadline for case disposal, with automatic revocation of benefits for non-compliance.

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