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Tarun Engineering Syndicate Versus Vijay Power Generators Ltd.

2015 (3) TMI 774 - SUPREME COURT

Complaint under Section 138 of the Negotiable Instruments Act - Statement of the appellant under Section 313 of the Code of Criminal Procedure, 1973, recorded - Material documents not placed when statement was recorded - Held that:- In our opinion, t .....

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313 of the Code instead of straight away convicting the appellant without giving him an opportunity to have a say in respect of the documents, viz., exhibit CW 3/3 (collectively) and CW 3/4 (collectively).

Under the circumstances, we allow .....

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pportunity of being heard to the appellant.- Decided in favour of appellant. - CRIMINAL APPEAL Nos.446-449 OF 2015 SLP (CRL.) Nos.4496-4499 OF 2014) - Dated:- 10-3-2015 - B. Lokurand And Adarsh Kumar Goel JJ For Petitioner(s) Mr. Nidhesh Gupta, Sr. A .....

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complainant/respondent was that some cheques were given by the appellant for the purchase of components of DG sets. These cheques were dishonoured. According to the appellant, four cheques were given as advance payment for supply of components of DG .....

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yment was received by the complainant/respondent and since the payment against the cheques had been stopped and account closed, the complainant/respondent filed a complaint under Section 138 of the Negotiable Instruments Act, 1882. In that complaint, .....

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cation under Section 311 of the Code for producing additional witnesses and documents. This application was disallowed by the trial court and a revision was filed by the complainant/respondent and that revision was allowed by the Sessions Court on 03 .....

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he appellant and exhibit CW 3/4 (collectively), which is a statement of accounts filed by the complainant/respondent. After taking these documents into consideration, the trial court heard arguments and by a judgment and order dated 08.04.2013 acquit .....

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ourt convicted the appellant. The decision of the High Court is based upon the two documents, that is, exhibit CW 3/3 (collectively) and exhibit CW 3/4 (collectively). The grievance of the appellant is that these documents were not put to the appella .....

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