Case Law (S. 489-F-Criminal Procedure Code (V of 1898), Ss. 241-A& 439- shonestly issuing a cheque)

 2021 PCrLJ 145

S. 489-F-Criminal Procedure Code (V of 1898), Ss. 241-A& 439- shonestly issuing a cheque---High Court's power of revision---Supply of statements and documents to the accused---Scope---Allegation against accused was that he and complainant entered into a sale transaction of a plot; complainant paid the whole amount of consideration but the accused failed to transfer the subject plot and on demand of amount, the accused issued a cheque, which on presentation was dishonoured---Document showing sale transaction was relied upon as prosecution evidence but it was not part of prosecution record nor was it supplied to the accused äs required under S. 241-A, Cr.P.C.--- Trial Court had erred while exhibiting the document abruptly produced -by complainant in his cross-examination---Neither such document could be tendered in evidence nor could it be used against the accused in evidence which was excluded by the High Court from evidence-- High Court observed that since appraisal of evidence at the revisional. stage was improper and unjustified, therefore, case was remanded to the Trial Court for decision afresh.

Post a Comment

0 Comments

close