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2022 (10) TMI 262 - HC - Indian LawsDishonor of Cheque - failure of the learned JMFC, Quepem (A Court), in supplying certified copies of judgments and orders in criminal cases - Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- The Hon'ble Supreme Court referred to R.C. Sharma V/s. Union of India [1976 (5) TMI 96 - SUPREME COURT] held that though the CPC did not provide a time limit to deliver a judgment, unreasonable delay between hearing of arguments and delivery of a judgment unless explained by exceptional or extraordinary circumstances, is highly undesirable even when written arguments are submitted. It is not unlikely that some points the litigants consider important may have escaped notice. But, more importantly, litigants must have complete confidence in litigation results. This confidence tends to be shaken if there is an excessive delay between hearing arguments and delivery of judgment. Justice must not only be done but manifestly appear to be done - The Hon'ble Supreme Court explained that the intention of the legislature regarding the pronouncement of judgments could be inferred from the provisions of Section 353(1) of the Criminal Procedure Code, which provides that judgment in every trial in any criminal court of original jurisdiction, shall be pronounced in open Court immediately after the conclusion of the trial or on some subsequent time for which due notice shall be given to the parties or their pleaders. The words "some subsequent time " mentioned in Section 353 contemplates the passing of the judgment without undue delay, as delay in the pronouncement of judgment is opposed to the principle of law. In this case, the learned JMFC only declared the trial result by pronouncing in open Court that the accused persons were convicted and sentenced. No judgment, as such, was prepared and furnished to the parties despite the mandate of Sections 353 and 354 of Cr.P.C. notwithstanding - In the facts of the present case, the learned Counsel agreed that the best course of action to be followed would be to quash and set aside the orders dated 05.03.2021 convicting and sentencing the respondents and remanding the matter to the learned JMFC, Quepem, B Court (and not A Court) for hearing final arguments based on the evidence already led by the parties and passing judgments and orders within a prescribed timeline. Application disposed off.
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