SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

R.BASANT
Abdul Nazar – Appellant
Versus
Dileepkumar – Respondent


Advocates:
Counsel for the parties:
For the petitioner:V.G. Arun, Advocate.
For the Respondents: Public Prosecutor (Praisy Joseph).

Order

R. Basant, J.—What are the ramifications of the right to silence—the glorious right to silence as it is often referred to, in a criminal prosecution under Section138 of the Negotiable Instruments Act? Is Section 3l5 of the Cr.P.C. applicable in such a prosecution? These questions arise for consideration incidentally in this revision petition.

2. This revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section138 of the Negotiable Instruments Act.

3. The cheque is for an amount of Rs.20,000. Signature in the cheque is admitted. The cheque was dishonoured on the ground of insufficiency of funds. Notice of demand, though duly received and acknowledged, did not evoke any response. No defence evidence whatsoever was adduced before the trial Court. The complainant examined himself as P.W. 1 and proved Exts.P. 1 to P. 11. At the stage of trial, a contention was raised that the cheque was not issued voluntarily for the discharge of any legally enforcement debt/liability. Some miscreants had trespassed into the house of the accused. The father of the accused owed amounts to some of those miscreants in some transaction. Th


































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top