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2019 (11) TMI 226 - DELHI HIGH COURTService of notice - interpretation of statute - Dishonor of cheque - Whether non-framing of formal notice under Section 251 Cr.P.C. would vitiate entire proceedings requiring a fresh trial? HELD THAT:- In terms of Section 143 NI Act, subject to the proviso, as per normal rule, the proceedings under Section 138 of Negotiable Instrument Act are summary in nature. On appearance of the accused, the Magistrate is required to explain the substance of accusation to the accused and ask him whether he would plead guilty or has any defence to make, however in terms of the mandate of the Section, it would not be necessary to frame a formal notice. Looking at the issue from another angle as to whether any failure of justice has occurred on account of non framing of formal Notice under Section 251 CrPC by the trial court on 20.12.2016. In this regard, it is profitable to refer to Section 464 CrPC which provides that “no finding, sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has been occasioned thereby”. Thus, as per mandate of the section 251 CrPC, no formal notice is required to be framed so long as the substance of the accusation is stated and the accused is asked whether he pleads guilty or intent to lead any defence evidence. It is apparent that the petitioner has been found guilty of causing delay in the trial for one reason or the other. The present case pertains to a complaint of the year 2016. It appears that earlier, the petitioner had deliberately raised a piecemeal challenge to the order dated 20.12.2016 with respect to closure of petitioner’s right to cross-examine the complainant and now, the very same order is challenged for non-framing of a formal notice under Section 251 CrPC by the trial court - Looking at the overall conduct of the petitioner in delaying the proceedings for one reason or the other, the present petitions are dismissed with costs of ₹ 10,000/- to be paid to the complainant.
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