2023 (11) TMI 668

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....vi (hereinafter referred to as "the First Appellate Court") in Criminal Appeal No. 266/2019 dated 28.09.2021, has filed this revision petition. 2. For the sake of convenience, the parties to this petition are referred to as per their rank before the Trial Court. 3. That the complainant filed a private complaint under section 200 of the Code of Criminal Procedure 1973, (for short "Cr.P.C.") before the Trial Court alleging offence under Section 138 of the Negotiable Instruments Act, 1881 (for short "the N.I. Act") stating that, he has advanced hand loan of Rs. 3,00,000/- to the accused. In discharge of the said loan amount, accused issued a cheque dated 12.02.2013 drawn on Karnataka Bank Ltd., Tilakwadi Branch, Belagavi. When the said c....

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....Cr.P.C, the accused shall not be absolved of his liability to pay compensation amount of Rs. 3,16,000/- awarded U/s. 357 of Cr.P.C, even if he undergoes the default sentence." 5. This judgment of conviction and sentence passed by the Trial Court was challenged by the accused before the XI-Additional Sessions Judge, Belagavi in Criminal Appeal No. 266/2019. The First Appellate Court, on hearing the arguments of both the sides, confirmed the judgment of conviction and sentence passed by the Trial Court. This is how the accused-revision petitioner is before this Court by filing this revision petition. 6. The respondent herein is duly served with notice. But has remained absent before this Court. 7. When the matter is listed for admiss....

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....ch the accused pleaded not guilty. 10. The learned Magistrate treated the sworn statement of the complainant as evidence of the complainant. The statement of the accused under Section 313 of Cr.P.C., was also recorded on the same day itself. Thereafter, the case was posted for marking the documents. The certified copy of the order sheet reveals that PW1 was recalled and even statement of the accused was further recorded on 19.12.2018 and thereafter the case was posted for arguments and the judgment of conviction and sentence was passed subsequently. Even the First Appellate Court has also not considered all these aspects and has confirmed the judgment of conviction and sentence. 11. The procedure being adopted by the Trial Court is un....

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.... the trial of the cases by following the provisions of N.I. Act. The hasty procedure adopted by the Trial Court is unknown to law. Thereby, it has affected the principles of natural justice. When lis is pending, either civil or criminal, it is the duty of the Court to afford sufficient opportunity to the parties to prove their respective cases. Unless opportunity is given to the parties to the litigation, it cannot be said that justice is being given to the parties to the lis. It is submitted that the accused has got good defence to defend himself. The Trial Court hurriedly passed the judgment of conviction. Therefore, in view of these factual features coupled with non-following of proper procedure by the Trial Court, the impugned judgments....