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2015 (3) TMI 774 - SUPREME COURT

2015 (3) TMI 774 - SUPREME COURT - TMI - 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, the appellant is right in his contention. Since these documents were material, the appropriate course of action for the High Court was to remand the matter back to the trial court for recording a supplementary .....

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sing appropriate orders after giving an opportunity 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. Adv. Mr. Manish Kumar, Adv. Ms. Divya Roy, AOR Mr. Amit Kumar, Adv. Mr. Piyush Kaushik, Adv. For the Respondent(s) Mr. Vikas Bakshi, Adv. Mr. M. C. Dhingra, AOR ORDER Leave granted. We have heard learned counse .....

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unt was closed on 26.11.1997. Since no payment 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, after recording evidence, the statement of the appellant under Section 313 of the Code of Criminal Procedure, 1973 (for short "the Code") was recorded on 09.10.2012. Soon thereafter, on 11.10.2012, .....

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