2020 (8) TMI 934

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....nsel for the petitioner and the learned counsel for the respondent are heard. The impugned judgment dated 1st February 2012 in Criminal Case No.1232 of 2017 on the file of the Vi JMFC, Belagavi, and the judgment dated 25% December 2013 on the file of the XI Additions District & Sessions Judge, Belagavi, are perused 2. The petitioner has been convicted for an offence punishable under Section 138 o....

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....ularity inasmuch as the statement of the petitioner under Section 313 of Cr.P.C. is recorded much before the completion of the respondent's evidence. The Section 313 statement should have been after the respondent's evidence was completed including his cross-examination. This irregularity renders the entire proceeding from the stage of recording the accused': plea vitiated. Therefore, neit....