Dishonour of Cheque -- Remand for Procedural Defect in Defence Evidence -- Completed trial not to be remanded absent demonstrated prejudice to accused
(i) Negotiable Instruments Act, 1881, Ss.138, 145 -- Dishonour of Cheque -- Remand for Procedural Defect in Defence Evidence -- A completed trial under Section 138 of the Act cannot be remanded merely on the ground that the procedure relating to recording of defence evidence was not followed, particularly where the accused has not demonstrated any prejudice caused to him. Absence of a plea of prejudice before the Trial Court or the First Appellate Court is a relevant factor against ordering such remand. (ii) Negotiable Instruments Act, 1881, S.145 -- Dishonour of Cheque -- Scope of Bar on Accused Giving Evidence by Affidavit -- While the complainant's examination-in-chief may be given by affidavit under Section 145 of the Act, the accused cannot be permitted to give evidence in the same manner. This principle, in a criminal trial, must be applied with particular reference to the prejudice actually caused to the accused, and not as an automatic ground for remand of a completed trial.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
