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2018 (1) TMI 753 - HC - Indian LawsNatural justice - case of petitioners is that they have not been properly examined by the learned trial Court under Section 313 of the Code of Criminal Procedure and thereby the petitioners have been seriously “prejudiced” and they did not even answer the allegations levelled against them properly in the trial Court - Held that: - It is true that all the incriminating materials are required to be put in during the examination of the petitioners so that an opportunity of explaining such incriminating circumstances may be given to the accused in a criminal trial. The purpose of incorporating section 313 of the Code of Criminal procedure is primarily based on the principle of natural justice. Therefore, the impact and the importance of the examination of the accused under Section 313 of the Code of Criminal Procedure cannot be ruled out altogether. In order to promote the commerce through cheque, negotiable instruments the provisions of Negotiable Instruments Act have been amended. To put both the petitioners behind the bar for two years would not serve the purpose of Negotiable Instruments Act. On the contrary the petitioners should be compelled to pay the amount in respect of the cheque issued by them and on that score they may be made liable to pay some sort of fine - The sentence of conviction for two years is thus modified to one day in trial Court till the rising of the Court. The application under Section 482 of the Code of Criminal Procedure Code stands disposed of.
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