TMI Blog2018 (1) TMI 753X X X X Extracts X X X X X X X X Extracts X X X X ..... nal 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 til ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. The incriminating materials and evidence produced and adduced against the petitioners were not put to the petitioners at the time of their examination under Section 313 of the Code of Criminal Procedure and thereby the petitioners were prevented from explaining the circumstances in respect of such incriminating materials resulting in serious miscarriage of justice. 3. Mr. Bhattacharya further contended that the company has not been arrayed as an accused and in absence of the company the petitioners cannot be convicted for the offence punishable under Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e failed to discharge their burden of proof resulting in drawing of presumption as stipulated under Sections 118 and 139 of the Negotiable Instruments Act against the petitioners. 5. 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. Admittedly, learned Trial Court had put ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mstances resulting in filing of such petition and compliant against the petitioners. The learned 1st appellate Court has also dealt with the examination of the petitioners under Section 313 of the Code of Criminal Procedure and accordingly I do not find that the petitioners have been seriously prejudiced by the mode and manner of their examinations under Section 313 of the Code of Criminal Procedure. However, learned trial Court ought to have been cautious enough in examination of the accused under Section 313 of the Code of Criminal Procedure in a criminal trial; it is apparent from discussions made in the body of the judgment of the learned 1st appellate Court that the petitioners were partners of a partnership firm and the petition of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inant had no knowledge about the amount that was advanced by him and the complainant had no knowledge as to who scribe of the cheque and he was also not aware of the place of alleged transaction. In addition to that the complainant also could not justify the source of fund in order to establish his financial capacity having regard to the facts and circumstances of that case. The learned trial Court acquitted the accused but the High Court concerned reversed the judgment of acquittal. The Hon ble Suprme Court has however in the context of the given facts and circumstances of this case upheld the judgment passed by the learned trial Court. The facts of the case are not similar to the facts of the instant case. The complainant in the case unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... low that the petitioners have been sentenced to suffer rigorous imprisonment for two years and to pay a fine of ₹ 12 lac. Learned 1st appellate Court has further modified the same by directing ₹ 11 lac is to be paid towards fine and ₹ 1 lac has to be deposited in the Government exchequer. 10. The chief object of the Negotiable Instruments Act is to legalize the system of transactions by written documents so that negotiable instrument passes from hand to hand in negotiation like ordinary goods. The preliminary object of such act is to ensure a free circulation of the negotiable instruments from hand to hand without confusion and absurdity but with precision and certainty. In order to promote the commerce through cheque, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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