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2016 Supreme(Raj) 43

SANDEEP MEHTA
Harjeet Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr.GR Goyal, for the petitioner.
Mr.OP Rathi, P.P.
Mr.NL Joshi, for the respondent No.2.

ORDER

By way of this revision, the accused petitioner Harjeet Singh has approached this Court being aggrieved of the order dated 1.9.2014 passed by the learned Additional Sessions Judge, Anoopgarh, District Sriganganagar in Cr.Appeal No.53/2010 rejecting the application preferred on his behalf under Section 326(3) Cr.P.C.

Facts in brief are that the petitioner was tried by the learned Judicial Magistrate First Class, Anoopgarh in Cr.Case No.107/07 for the offence under Section 138 of the N.I.Act and the trial Court, by judgment dated 6.8.2010, convicted and sentenced the petitioner for the said offence. The petitioner challenged the judgment of conviction by preferring an appeal in the court of the learned Additional Sessions Judge, Anoopgarh. During pendency of the appeal, an application was moved on behalf of the petitioner on 26.6.2013 under Section 326(3) Cr.P.C. asserting that as the learned trial Judge did not adopt the procedure of summary trial and since evidence was recorded in the case by one Presiding Officer and the judgment was delivered by another, the proceedings conducted by the trial Court were vitiated and should be quashed in their entirety as the fundamental def


















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