313 statement
queryking
(Querist) 06 January 2010
This query is : Resolved
in a complaint under secti0n 138 of NI Act, the accused has not given any explanation in 313 statement, when the case was posted for argument accused filed application under S.311 to examine a witness who witnessed handing over of the money(cheque amount) to the complainant, court rejected the application giving the reason that accused has not stated this in 313 statement, what is the significance of 313 in cheque cases? is the court rightly dismissed the application?
Guest
(Expert) 06 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE 313 STATEMENT OF ACCUSED AND APPLICATION UNDER SECTION 311 KINDLY NOTE THAT.
1.APPLICATION FOR 311 TO EXAMINE DEFENCE WITNESS IS REJECTED AS FILED AFTER 313 STATEMENT OF ACCUSED.
2.KINDLY NOTE THAT SECTION 311 DEALS WITH DEFENCE WITNESS ON BEHALF OF ACCUSED.THERE ARE CITATIONS OF SUPREME COURT ON THIS AND SECTION 311 IS VERY CLEAR THAT WITNESS CAN BE EXAMINED ANY TIME BEFORE JUDGEMENT.
3IN YOUR CASE IT IS NOT THE STAGE OF JUDGEMENT AS ARGUMENTS ARE NOT OVER.
HENCE KINDLY NOTE THAT ACCUSED CAN FILE REVISION APPLICATION TO THE DISTRICT AND SESSIONS COURT AGAINST ORDER REJECTING DEFENCE WITNESS UNDER SECTION 311 .HE WILL SUCCEED.AND ORDER WILL BE SET ASIDE PLEASE NOTE.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY SEND DETAILS OR WRITE OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
aman kumar
(Expert) 06 January 2010
N. B. S. IS RIGHT !!
kranthi kiran
(Expert) 06 January 2010
yes, file a revision petition against the order of dismissal of Crl.M.P filed under section 311 Cr.P.C
J.D.Sharma
(Expert) 06 January 2010
no doubt you can file a revision against the order, that is your right. however let me tell you something about 313 crpc.
313 crpc provides an apportunity to the accused to enable him personally to explain ay circumstances which is against him.
In 313 crpc accused answers question emerging out of the evidence led in the case. He has given an oppurtunity to explain it. ofcouse it is not on oath The purpose of recording statement of an accused is to draw his attention to every
inculpatory material so as to enable him to explain it. The provision is, therefore, mainly intended to benefit the accused though examination of the accused also helps the Court in coming to a just and appropriate conclusion and accused can refuse to answer it.
as far as i can understand from your case you must not have led any evidence regarding this fact of handing ove the money to the complainant during the trail nor the accused stated the said fact when examined under 313 in the court. ofcourse and understandabely your defence remained confined to denial of issuance of cheque and other circumstances attached thereto. in order to raise this defence now, which court while considering your application under 311 crpc thought to be an afterthought, your whole of the defence goes and you admit issuance of cheque. your whole story remains that you admitt issuance of cheque but states that you have returned the amount mentioned in the cheque to the complainant. quite diff from the earlier defence court rejected that application.
about the significance of 313 in 138 case it is as significant as in other criminal case, court can use and rely upon any part of the statement. It is well
settled principle of law that the statement recorded under Section 313 Cr.P.C. cannot be treated as evidence. Be that as it may, many a time the statements
made by the accused during the course of examination under Section 313 Cr.P.C. satement are taken into account by the courts to rule out any element of suspicion on the findings that may ultimately be recorded as well as for considering the question of quantum of punishment.
however while filing the revision you can raise certain issue that the court used cyclostyle method to question accused and never gave oppurunity to answer.
Sachin Bhatia
(Expert) 06 January 2010
File a revision petition against that order.
Sukhija
(Expert) 07 January 2010
I agree with J.D.Sharma, dont file revision it will not help ur case but it will delay trial if u wish to do so.
