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TMI Blog2023 (11) TMI 668X X X X Extracts X X X X X X X X Extracts X X X X ..... before the Trial Court. In the said judgment, the Hon'ble Apex Court has issued guidelines to the Trial Courts dealing with N.I. Act cases to expedite the Trial. The Trial Court is duty bound to follow the mandates of the Apex Court in expediting the trial of the cases by following the provisions of N.I. Act. The hasty procedure adopted by the Trial Court is unknown to law. Thereby, it has affected the principles of natural justice. When lis is pending, either civil or criminal, it is the duty of the Court to afford sufficient opportunity to the parties to prove their respective cases. Unless opportunity is given to the parties to the litigation, it cannot be said that justice is being given to the parties to the lis. It is submitted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d a cheque dated 12.02.2013 drawn on Karnataka Bank Ltd., Tilakwadi Branch, Belagavi. When the said cheque was presented for encashment, it was dishonoured for want of sufficient funds in the account of the accused. Thereafter, the complainant issued a statutory notice as required under section 138 of the N.I. Act on 10.04.2013, which was duly served upon the accused. However, the accused did not pay the said loan amount. Therefore, the complainant was constrained to file a private complaint before the Trial Court. 4. Pursuant to summons, accused appeared before the Trial Court. Before the Trial Court, to substantiate the case of the complainant, he himself entered the witness box and got marked Ex.P1 to Ex.P5. The records reveal that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut has remained absent before this Court. 7. When the matter is listed for admission, the counsel for petitioner submitted that, this revision may be taken for final disposal. He submits that, illegality has been committed by the Trial Court in passing hasty judgment depriving the rights of the accused to cross-examine PW1. He submits that the grounds urged in the revision petition demonstrate that there was no opportunity given to the accused to cross-examine PW1. He further submits that, on appearance of the accused before the Trial Court on 20.06.2017, he was enlarged on bail. On the same day itself, the case was advanced and plea of the accused was recorded. On the same day itself the evidence was closed and the statement of the accu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conviction and sentence. 11. The procedure being adopted by the Trial Court is unknown to law. The learned counsel for the revision petitioner-accused submits that in similar circumstances, the Co-ordinate Bench of this Court in Criminal Revision Petition No. 100217/2021, at paragraph 9 of the judgment has observed as under: 9. The Trial Court referred the judgment of Hon'ble Apex Court in Indian Bank Association v. Union Bank of India and others (2014) 5 SCC 590 for recording statement under Section 313 of Cr.P.C. on the day of appearance of accused in response to summons. On careful reading of the said judgment of Hon'ble Apex Court, it has nowhere said that the statement of accused under Section 313 of Cr.P.C. has to be r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith non-following of proper procedure by the Trial Court, the impugned judgments are required to be interfered with and are liable to be set aside with a direction to the Trial Court to follow the procedure as contemplated under the provisions of Cr.P.C. and pass judgment on merits by affording opportunities to both the parties to lead their evidence. Resultantly, I pass the following : ORDER i. The criminal revision petition filed by the petitioner-accused is hereby allowed. ii. The judgment passed by the VII-JMFC, Belagavi in C.C. No. 609/2018 dated 09.07.2019 and confirmed XI Additional Sessions Judge, Belagavi in Criminal Appeal No. 266/2019 dated 28.09.2021 are hereby set aside. iii. The matter is remanded to the court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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