9911796707
TMI Blog2023 (2) TMI 1385X X X X Extracts X X X X X X X X Extracts X X X X ..... in the contention of the petitioner that the Trial Court committed an error in passing a judgment of conviction in the absence of the petitioner and therefore, this revision petition lacks merit and the same is hereby dismissed. At this stage, the learned counsel for the petitioner submits that the petitioner had already paid a sum of Rs. 10,000/- to the respondent before the Trial Court and that the same may be considered while executing the order of sentence. If the petitioner has paid a sum of Rs. 10,000/- being part of the fine, the Trial Court is directed to take into the account the same at the time of executing the order of sentence.
Conclusion - The summary trials under the N.I. Act do not require the accused's presence for recording evidence, provided the Magistrate has not opted for a summons trial. The conviction and sentence imposed by the Trial Court upheld.
Revision petition dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... e nonbailable warrant against him. However, the warrant could not be executed and the Trial Court pronounced the Judgment on 11.02.2005 convicting the petitioner for the offence punishable under Section 138 of N.I. Act and sentenced him to pay fine of Rs. 70,000/-. This was challenged by the petitioner in an appeal before the Appellate Court. The Appellate Court secured the records of the Trial Court and after noticing that the petitioner had failed to cross-examine PW.1 and deliberately defaulted in appearing before the Court, dismissed the appeal in terms of the judgment dated 15.09.2018. 4. Being aggrieved by the same, the present revision petition is filed. 5. Learned counsel for the petitioner submitted that the Trial Court could not have passed the Judgment of conviction without securing the presence of the petitioner. He invited the attention of this Court to Section 273 of Cr.P.C., and contended that the evidence has to be taken in the presence of the accused, notwithstanding that, the proceeding was summary in nature. He relied upon Judgment of the Division Bench of this Court in M/s. MAC CHARLES (I) LTD v. CHANDRASHEKAR AND ANOTHER [2005 AIR Kant H.C.R 2038]. 6. Per co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that the "The trial of a case under this section shall, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing." Therefore, the Trial of a case under the N.I Act should be conducted in such a manner that the parties to the proceeding are provided equal and fair opportunity and the trial should be taken up on a day to day basis until its conclusion. 9. A perusal of Section 143 of N.I. Act, makes it clear that all offences under Chapter XVII have to be tried summarily, unless the Magistrate deems it appropriate to treat it as a summons case and passes a corresponding Order setting out reasons as to why it should be tried so. It is only then that the provisions of Chapter XXI of the Criminal Procedure Code, 1973 relating to summary trials, including Section 273 of Cr.P.C., would kick in. Indisputably, in the present case, the Trial Court did not consider it necessary to try it as a summons case and no order was passed to try it as a summons case. Therefore, there was no need to rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t committed an error in passing a judgment of conviction in the absence of the petitioner and therefore, this revision petition lacks merit and the same is hereby dismissed. At this stage, the learned counsel for the petitioner submits that the petitioner had already paid a sum of Rs. 10,000/- to the respondent before the Trial Court and that the same may be considered while executing the order of sentence. If the petitioner has paid a sum of Rs. 10,000/- being part of the fine, the Trial Court is directed to take into the account the same at the time of executing the order of sentence. 13. The Services rendered by the learned Amicus Curiae for the respondent is appreciated and her fees is fixed at a sum of Rs. 5,000/- (Rupees Five Thousand Only) payable by the Registry. 14. Before parting with the case, it is relevant to note that In Re : Expeditious Trial of Cases under Section 138 of N.I. Act (supra), the Hon'ble Apex Court was concerned with the gargantuan pendency of cases in the Country, which had clogged the justice delivery system affecting the disposal of other cases, and had directed all High Courts to issue practice directions to Magistrates to record reasons befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns served in one complaint pertaining to a transaction shall be deemed to be sufficient service in respect of all complaints before the same Court in relation to the said transaction. vi) Once process is issued, the Magistrate shall not review or recall the order issuing process to the accused, until appropriate amendments are made in the Negotiable Instruments Act, 1881. This does not affect the power of the Trial Court under Section 322 of Cr.P.C. to revisit the order of issue of process in case it is brought to the Court's notice that it lacks jurisdiction to try the complaint. The Court cannot exercise power under Section 258 of Cr.P.C. to stop the proceedings and acquit an accused unless, the Magistrate passes an order supported by reasons. vii) If there are more than three offences punishable under Section 138 of N.I Act, between the same parties within a span of one year, then the Courts may try the accused for the first three offences at one trial and the other cases in a separate trial, but shall list all the cases on the same day, until appropriate amendments are made to Section 220 of Cr.P.C. viii) After service of summons, the Magistrate shall receive the evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X
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