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2023 (8) TMI 1382 - KARNATAKA HIGH COURTDishonour of Cheque - when the statement of accused under Section 313 of Cr.P.C. is required to be recorded - HELD THAT:- On plain reading of the proviso to Section 313(1)(a) and (b) of Cr.P.C., it would be manifestly clear that the statement of accused under Section 313 of Cr.P.C. has to be recorded after the witnesses for prosecution have been examined and before he is called on for his defence in every enquiry or trial. The object and purpose behind it is to enable the accused personally to explain any circumstances appearing in the evidence against him. The non-compliance of this mandate of law is not a mere irregularity as observed and held by the First Appellate Court in terms of Section 465 of Cr.P.C. In view of the principles enunciated in the aforementioned judgments of Hon'ble Apex Court in INDIAN BANK ASSOCIATION AND OTHERS VERSUS UNION OF INDIA AND OTHERS [2014 (5) TMI 750 - SUPREME COURT], recording of statement under Section 313 of Cr.P.C. on the day of appearance of accused is a serious irregularity which renders the entire proceedings from the stage of recording accused's plea vitiated. The procedure adopted by Trial Court recording statement of accused under Section 313 Cr.P.C. on the day of appearance much before the conclusion of complainant side cannot be legally sustained in view of clear mandate of law in terms of Section 313(1)(b) of Cr.P.C. The Courts below have recorded contrary finding regarding the procedure adopted by Trial Court for trial of summons case and in recording statement under Section 313 of Cr.P.C. Therefore, interference of this Court is required. The Criminal Revision petition filed by the revision petitioner is hereby allowed.
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