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2015 (3) TMI 774 - SC - Indian LawsComplaint under Section 138 of the Negotiable Instruments Act - Statement of the appellant under Section 313 of the Code of Criminal Procedure, 1973, recorded - Material documents not placed when statement was recorded - Held that:- 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 giving him an opportunity to have a say in respect of the documents, viz., exhibit CW 3/3 (collectively) and CW 3/4 (collectively). Under the circumstances, we allow these appeals and set aside the impugned judgment of the High Court and remand the matter back to the trial court for recording a supplementary statement of the appellant under Section 313 of the Code and passing appropriate orders after giving an opportunity of being heard to the appellant.- Decided in favour of appellant.
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