Madhya Pradesh High Court
Pramod Tamrakar vs Lakhanlal Gupta on 30 July, 2024
Author: Vishal Dhagat
Bench: Vishal Dhagat
1 MCRC-43678-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 30th OF JULY, 2024
MISC. CRIMINAL CASE No. 43678 of 2022
PRAMOD TAMRAKAR
Versus
LAKHANLAL GUPTA
Appearance:
Shri Arun Kumar Singh - Advocate for the petitioner.
Ms. Vidhi Singh - Advocate for the respondent.
ORDER
Petitioner has filed this petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 challenging order dated 5.8.2022 passed by Sessions Judge, Rewa District Rewa in Criminal Revision No. 152/2022.
2. Counsel appearing for the petitioner submitted that accused had filed an application under Section 315 of the Code of Criminal Procedure. It was stated that bounced cheque was stolen and false complaint is filed. Accused failed to produce the document and get it exhibited to prove his defence that cheque was stolen. Trial Court rejected the application on the ground that case is pending since 2014 and is being repeatedly listed for defence evidence. Accused has been given many opportunities to adduce evidence. At no stage, accused has taken defence about the fact that cheque was stolen. In these circumstances, same was dismissed.
3. Petitioner argued that trial Court has committed an error in dismissing his application for exhibiting the document by his own evidence.
Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 8/7/2024 11:26:24 AM2 MCRC-43678-2022 It is submitted that petitioner will be adversely affected if disallowed to produce and exhibit the documents, therefore, one more opportunity be granted.
4. Counsel appearing for the respondent has opposed the prayer and submitted that no error can be found in the order passed by trial Court. Trial Court while after considering the circumstances of the case and the fact that sufficient opportunity has been given to accused in the case to adduce his evidence has dismissed the application under Section 315 of the Cr.P.C.
5. Heard learned counsel for the parties.
6. Section 315 of the Code of Criminal Procedure, 1973 is quoted as under:-
"1. Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial; Provided that--
(a) he shall not be called as a witness except on his own request in writing;
(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him at the same trial.
(2) Any person against whom proceedings are instituted in any Criminal Court under section 98, or section 107, or section 108, or section 109, or section 110, or under Chapter IX or under Part B, Part C or Part D of Chapter X, may offer himself as a witness in such proceedings;
Provided that in proceedings under section 108, section 109 or section 110, the failure of such person to give evidence shall not be made the subject or any comment by any of the parties or the Court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry." (7) Section 315 Code of Criminal Procedure is only enabling Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 8/7/2024 11:26:24 AM 3 MCRC-43678-2022 provision which lays down that person-accused of an offence will be competent witness for defence and his evidence may be recorded on oath by the Court in his defence. Said section does not lay down that on every occasion accused shall be allowed to give his own evidence. Question of competency of accused to appear as witness is not under question. Trial Court has refused the evidence of accused on the ground that case was fixed for evidence on 7.5.2018, 29.6.2018, 20.7.2018, 23.10.2018, 24.10.2019 and 24.5.2022 and defence witness was completed on 28.6.2022. On completion of defence witness, he has filed an application under Section 315 of the Cr.P.C. It is found that petitioner has not disclosed defence regarding cheque being stolen at any stage. At highly belated stage, when his evidence was closed, he has filed an application under Section 315 of the Cr.P.C. to examine himself as a witness to exhibit document showing that cheque has been stolen. Trial Court has rightly rejected his application as sufficient opportunity to adduce defence evidence was given to the accused. No error can be found in the order passed by the trial Court rejecting the application since sufficient opportunity has been given by the trial Court to the accused.
7. In view of same, petition is dismissed.
(VISHAL DHAGAT) JUDGE AD/ Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 8/7/2024 11:26:24 AM