9911796707
TMI Blog2015 (3) TMI 774X X X X Extracts X X X X X X X X Extracts X X X X ..... in his contention. Since these documents were material, the appropriate course of action for the High Court was to remand the matter back to the trial court for recording a supplementary statement of the appellant under Section 313 of the Code instead of straight away convicting the appellant without giving him an opportunity to have a say in respect of the documents, viz., exhibit CW 3/3 (collect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed counsel for the parties. The case set up by the complainant/respondent was that some cheques were given by the appellant for the purchase of components of DG sets. These cheques were dishonoured. According to the appellant, four cheques were given as advance payment for supply of components of DG sets. These four cheques are dated 10.10.1997, 01.08.1997, 25.07.1997 and 22.07.1997. However, s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as filed by the complainant/respondent and that revision was allowed by the Sessions Court on 03.11.2012. Pursuant to the order passed by the Sessions Judge, the statement of CW 3 was recorded on 07.11.2012. In his statement, CW 3 produced two documents, that is, exhibit CW 3/3 (collectively) which are Sales Tax Forms and C Forms furnished by the appellant and exhibit CW 3/4 (collectively), whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... could not have convicted the appellant on this basis. In our opinion, the appellant is right in his contention. Since these documents were material, the appropriate course of action for the High Court was to remand the matter back to the trial court for recording a supplementary statement of the appellant under Section 313 of the Code instead of straight away convicting the appellant without g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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