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2018 (5) TMI 725 - HC - Indian LawsPayment within statutory time - dishonor of cheque - Examination of respondent - Section 313 Cr.P.C. - admissibility of evidence - the documents filed by the respondent for return of jewellery were photocopies. Held that: - In the present case, all original documents were produced by the accused and shown to the appellant and returned before exhibiting the photocopies. Thus the documents Ex.CW1/D1 to Ex.CW1/D5 were proved in accordance with law. Even otherwise an objection as to mode of proof can be taken at the stage of trial only as held by the Supreme Court in the decision in R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami & V.P. Temple [2003 (10) TMI 639 - SUPREME COURT]. One of the contentions of the Learned Counsel for the appellant was since the statement of the respondent was not recorded under Section 313 Cr.P.C., trial was conducted in an arbitrary manner. This contention deserves to be rejected in view of the decision of Supreme Court in Basavaraj R. Patil v. State of Karnataka [2000 (10) TMI 953 - SUPREME COURT] wherein it was observed that Section 313 Cr.P.C. is only for the benefit of the accused and prejudice, if any, can only be caused to the accused for his non-examination under Section 313 Cr.P.C. and not the complainant. The provision is mainly intended to benefit the accused and as its corollary to benefit the court in reaching the final conclusion - It is now well settled that a circumstance about which the accused was not asked to explain cannot be used against him. Appeal dismissed.
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