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2020 (8) TMI 934 - KARNATAKA HIGH COURTDishonour of Cheque - case is posted for marking of the documents from the respondent's side and for cross-examination after recording petitioner's statement under Section 313 of the Code of Criminal Procedure - HELD THAT:- There is a procedural irregularity inasmuch as the statement of the petitioner under Section 313 of Cr.P.C. is recorded much before the completion of the respondent's evidence. The Section 313 statement should have been after the respondent's evidence was completed including his cross-examination. This irregularity renders the entire proceeding from the stage of recording the accused’: plea vitiated. Therefore, neither of the impugned judgments can be sustained. The learned counsel relies upon a decision of this Court in Crl.R-P. No. 100241/2018 decided on 13th March 2019 in support of his submission that the impugned judgments will have to be set aside and the case remanded for re-trial from the stage of cross-examination of the respondent. The case is restored to the Beard of VI JMPC, Belagavi, for re- trial commencing with the cross-examination of the respondent. The parties shall appear before the VI JMPC. Belagavi without further notice, on 14 of September 2020 - The revision petition is accordingly allowed.
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