TMI Blog2023 (8) TMI 1382X X X X Extracts X X X X X X X X Extracts X X X X ..... nally to explain any circumstances appearing in the evidence against him. The non-compliance of this mandate of law is not a mere irregularity as observed and held by the First Appellate Court in terms of Section 465 of Cr.P.C. In view of the principles enunciated in the aforementioned judgments of Hon'ble Apex Court in INDIAN BANK ASSOCIATION AND OTHERS VERSUS UNION OF INDIA AND OTHERS [ 2014 (5) TMI 750 - SUPREME COURT] , recording of statement under Section 313 of Cr.P.C. on the day of appearance of accused is a serious irregularity which renders the entire proceedings from the stage of recording accused's plea vitiated. The procedure adopted by Trial Court recording statement of accused under Section 313 Cr.P.C. on the day ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. Complainant issued notice dated 07.06.2017 to execute the sale deed by receiving balance consideration. Accused gave evasive reply dated 26.07.2017. However, accused issued cheque dated 22.06.2017 for Rs. 10,00,000/- Ex. P.1. Complainant presented the said cheque for encashment through his banker and same was dishonored vide bank endorsement as Account Closed Ex. P.2. Complainant issued demand notice dated 18.07.2017 Ex. P.3 and the same is duly served Ex. P.7. Accused replied to the said notice Ex. P.8. 4. The Trial Court after appreciation of evidence on record, convicted accused for the offence under Section 138 of N.I Act and the same is confirmed by First Appellate Court. 5. Learned counsel for revision petitioner has conten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 328, wherein it has been observed and held that, Section 313 of the Code casts a duty on the Court to put in any enquiry or trial questions to the accused for the purpose of enabling him to explain any of the circumstances appearing in the evidence against him. It follows as a necessary corollary therefrom that each material circumstances appearing in the evidence against the accused is required to be put to him specifically, distinctly and separately and failure to do so amounts to a serious irregularity vitiating trial, if it is shown that the accused was prejudiced. In view of principles enunciated by the Hon'ble Apex Court in the aforementioned judgment has emphasized the object and extent of compliance necessary while ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ociation case referred above for recording statement under Section 313 of Cr.P.C. on the day of appearance of accused in response to summons. On careful reading of the said judgment of Hon'ble Apex Court, it has nowhere said that the statement of accused under Section 313 of Cr.P.C. has to be recorded on the day of appearance of accused before the Court. The Hon'ble Apex Court has issued directions to expedite the trial of cases under N.I. Act in paragraph 23 of its judgment. The Trial Court is duty bound to follow the mandate of Hon'ble Apex Court in expediting the trial of cases filed under N.I. Act. 10. The question is as to when the statement of accused under Section 313 of Cr.P.C. is required to be recorded. In this co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of examining the accused in terms of Section 313 of Cr.P.C. and non- compliance of mandate under the said proviso would cause prejudice to the accused. 11. The co-ordinate Bench of this Court in Shivaji Burma Govekar vs. Deepak Basavaraj Tilaganji in Crl.RP. No. 100241/2018 dated 13.03.2019 and another judgment in Sandeep S Gupta vs. Rajendra Yamanappa Khemalapure in Crl. RP. No. 100050/2019 dated 27.08.2020 had an occasion to consider the non- compliance of mandate of law in recording 313 Cr.P.C. statement and it has been held that : There is procedural irregularity in as much as the statement of the petitioner under Section 313 of Cr.P.C is recorded much before the completion of respondent's evidence. Section 313 sta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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