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RAVINDRA MAITHANI
Digamber Singh Negi – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
The challenge in this petition is made to the followings:-
(ii) Order dated 06.12.2021 passed in Criminal Revision No. 205 of 2021, Digamber Singh Negi v. Padam Datt, by the court of Incharge District Judge, Dehradun.
2. Heard learned counsel for petitioner as well as the learned State Counsel, and perused the record.
3. It appears that the respondent no. 2 (“the complainant”) filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (“the Act”) against the petitioner, which formed the basis of the case. The complaint was filed on 23.03.2015. In the case, on 14.09.2021, the examination of the petitioner under Section 313 of the Code of Criminal Procedure, 1973 was recorded. The petitioner had then stated that he would adduce evidence in his defence. 06.10.2021 was the date fixed for that matter. On 06.10.2021, the petitioner did not appear a
The main legal point established in the judgment is that fair trial includes fair and proper opportunities allowed by law to prove innocence, and adjournments should not be granted without valid reas....
The right to a fair trial mandates that an accused be granted proper opportunities to present evidence, as emphasized by the court's discretion to allow additional evidence under Section 311 CrPC.
The court emphasizes the right to present defense evidence in maintaining a fair trial under the Negotiable Instruments Act.
The main legal point established is the strict adherence to Section 309 of Cr.P.C., requiring expeditious trials and continuous examination of witnesses, with adjournments only granted for special re....
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