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TMI Blog2022 (6) TMI 1482X X X X Extracts X X X X X X X X Extracts X X X X ..... issue an appropriate writ, order or direction by quashing and setting aside the order passed by the learned Sessions Court at Patan in Criminal Revision Application No. 196 of 2021 dated 24.3.2022 at Annexure-A to the present petition as well as order dated 7.12.2021 below Exh. 80 in Criminal Case No. 334 of 2017 passed by the learned Principal Civil Judge and Judicial Magistrate First Class at Harij at Annexure-B to the present petition, in the interest of justice. C. Pending admission, hearing and final disposal of this petition, be pleased to stay the further proceedings of the Criminal Case No. 334 of 2017 below Exh. 80 at Annexure-B to the present petition, in the interest of justice. D. Your Lordships may be pleased to pass such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner, submitted that the courts below have committed serious error in rejecting the application at Exh. 80. He further submitted that both the courts below have not properly appreciated the provision of Section 145 of the Negotiable Instruments Act. Learned counsel strongly relying upon the provision of Section 315 of the Cr.P.C., contended that the accused is also said to be competent witness and thus, the courts below ought not to have rejected the application Exh. 80. According to Mr. Joshi, both the courts below have completely misunderstood and misread the provision of Section 315 of the Cr.P.C., by not allowing the petitioner to file examinationin-chief. 6.1 Mr. Joshi, learned counsel, with a view to strengthen his contentions, relied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in-chief, but can give his evidence on oath under Section 243 of the Cr.P.C, as provided. 7.1 By making above submissions, Mr. Trivedi urged this Court to dismiss the present petition. 8. I have heard the learned counsel appearing for the respective parties and have gone through the material produced on record in detail. No other and further submissions have been canvassed by learned counsel for the respective parties, except what are stated herein-above. 9. Having heard the submissions of the learned advocates, a short question that falls for consideration of this Court is whether the order passed by the trial court as well as the appellate court refusing to accept the examination-in-chief of the accused, is justified? 10. So as to con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... written request made to the concerned court at the instance of accused. Thus, in view of the provision of Section 315 of the Cr.P.C., accused person can be a competent witness, but before that, accused is required to request in writing to the concerned Court. 12. Keeping in mind the aforesaid legal provision as well as the facts of the present case, it appears that in the instant case, the petitioner has filed an application at Exh. 80 dated 26.10.2021 before the concerned Magistrate, requesting to accept his examination-in-chief. I have an occasion to go through the certified copy of the original application at Exh. 80. It appears that the petitioner by relying upon the judgment in the case of Rakeshbhai Maganbhai Barot (supra), straighta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the case of Banking Association V/s. Union of India, whereby all the courts of the country are directed to follow the instructions contained therein. "The Apex Court appreciating the efforts of Bombay and Kolkata High Courts for speedy disposal of 138 cases, finally laid down the following procedure to be observed by all criminal courts in the country for speedy and expeditious disposal of 138 cases. The essence of these procedures can be summarized as follows: "The Apex Court of the country has given directions to make speedy disposal of the complaints of Section-138 of the Negotiable Instrument Act. The said directions are mentioned at last in the judgment annexed herewith. I request the Ld. Court to go through the same. It is menti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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