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2023 (11) TMI 668 - KARNATAKA HIGH COURTDishonour of Cheque - insufficient funds - It is alleged that illegality has been committed by the Trial Court in passing hasty judgment depriving the rights of the accused to cross-examine PW1 - HELD THAT:- On reading Indian Bank Association case [2014 (5) TMI 750 - SUPREME COURT], there is no observation or the law laid down by the Hon'ble Apex Court that the statement of accused under Section 313 of Cr.P.C., has to be recorded on the date of the appearance before the Trial Court. In the said judgment, the Hon'ble Apex Court has issued guidelines to the Trial Courts dealing with N.I. Act cases to expedite the Trial. The Trial Court is duty bound to follow the mandates of the Apex Court in expediting the trial of the cases by following the provisions of N.I. Act. The hasty procedure adopted by the Trial Court is unknown to law. Thereby, it has affected the principles of natural justice. When lis is pending, either civil or criminal, it is the duty of the Court to afford sufficient opportunity to the parties to prove their respective cases. Unless opportunity is given to the parties to the litigation, it cannot be said that justice is being given to the parties to the lis. It is submitted that the accused has got good defence to defend himself. The Trial Court hurriedly passed the judgment of conviction. Therefore, in view of these factual features coupled with non-following of proper procedure by the Trial Court, the impugned judgments are required to be interfered with and are liable to be set aside - The criminal revision petition filed by the petitioner-accused is hereby allowed.
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