Karnataka HC sets aside hasty cheque bounce conviction for denying accused's right to cross-examine witness

Karnataka HC allowed criminal revision petition in dishonour of cheque case involving insufficient funds. Trial court committed illegality by passing hasty judgment depriving accused's right to cross-examine PW1. Court held that while Indian Bank Association case mandates expediting NI Act trials, hasty procedure adopted was unknown to law and violated natural justice principles. Trial court failed to provide sufficient opportunity for accused to defend, hurriedly passing conviction judgment. HC set aside impugned judgment emphasizing courts' duty to afford adequate opportunity to parties for proving their cases.

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Issues involved:
The judgment involves a revision petition filed by the accused challenging the conviction and sentence passed by the Trial Court and confirmed by the First Appellate Court in a case related to dishonoring a cheque under Section 138 of the Negotiable Instruments Act, 1881.

Details of the Judgment:

*Issue 1: Conviction and Sentence by the Trial Court*
The complainant filed a private complaint under section 200 of the Code of Criminal Procedure alleging that the accused dishonored a cheque issued in discharge of a loan. The Trial Court found the accused guilty under Section 138 of the N.I. Act and sentenced him to pay a fine, with a portion to be compensated to the complainant and the state. The accused challenged this judgment before the First Appellate Court, which upheld the Trial Court's decision.

*Issue 2: Grounds of Revision Petition*
The revision petitioner argued that the Trial Court passed a hasty judgment without giving the accused the opportunity to cross-examine the complainant. The petitioner claimed that the Trial Court's procedure was irregular, as the accused was not allowed to present a defense or cross-examine witnesses properly. The petitioner cited a similar case where the court emphasized the importance of following proper procedures in N.I. Act cases.

*Issue 3: Decision of the High Court*
The High Court allowed the criminal revision petition, setting aside the judgments of the Trial Court and the First Appellate Court. The matter was remanded to the Trial Court for a fresh trial in accordance with the law. Both parties were directed to appear before the Trial Court for further proceedings. The High Court emphasized the need for a fair trial, affording both parties the opportunity to present evidence and documents. The Court instructed the Trial Court to expedite the case, considering its age, and kept all contentions open for further proceedings.

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