Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (11) TMI 275 - GUJARAT HIGH COURTDishonor of Cheque - matter proceeded in summary triable manner or not - cross-examination by defence side or not - HELD THAT:- The applicant had given an application vide Exh. 38 before the trial court under section 236 of the Cr.P.C. requesting the court for de novo trial as the plea was recorded by the predecessor Magistrate and trial could not be concluded. Further, it appears that the trial court after hearing both the parties came to the conclusion that the plea was recorded under section 251 of the Code of Criminal Procedure i.e. as per summons trial procedure and thereafter, the complainant is examined. Thereafter, he was cross-examined by the respondent no. 2. Further statement was also recorded of the respondent no. 2. The trial court has held that the matter was not proceeded in summary triable manner. It appears that by not applying the ration laid down in the case of Nitinkumar Saventilal, learned trial court has rejected the application. The deposition of the complainant was also brought on record which speaks that he was examined but unfortunately right to cross-examine was closed by the Court and thereafter bank witness was also examined and such witness was cross-examined by the defence side. And thereafter, at the request of the complainant, further statement of the respondent no. 2 was recorded. The case was tried by the Metropolitan Court as summons triable case as provided under the provisions of Code of Criminal Procedure. It further appears that during the entire trial no objection was raised by the accused in the trial and after completing recording evidence from prosecution, the entire trial, an application Exh. 38 was submitted by the accused persons with a request to record the plea under section 326 of Code of Criminal Procedure. The Honourable Court has held in Criminal Appeal No. 968-971 of 2013 that, the evidence in that case was recorded in full and not in a summary manner and therefore the prayer of the accused persons cannot be accepted in the present case also when the plea was recorded under section 256 of the Code of Criminal Procedure - As the matter is pending before the trial court since 2008 and was fixed at the stage of final arguments, the learned Metropolitan Magistrate shall proceed with the matter and decide the same within a period of four months from the date of receipt of this order. Application disposed off.
|