2022 (6) TMI 1482

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....etition. B. Your Lordships may be pleased to 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 ....

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....r for the respondent - State. 6. Mr. Amit Joshi, learned counsel for the petitioner, 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.....

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....is sought for and in turn, granted by the trial court, accused cannot tender examination-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 co....

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.... provision of Section 315 would indicate that accused person can be competent witness, provided there is a written permission or there is a 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 ap....

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....ccused on oath, therefore, it is necessary to file the present application. 3) This application is preferred relying upon the judgment dated 21.04.2013 delivered in 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 complaint....