Magistrate and he
may proceed further in view of Section 326 of
Cr.P.C. He placed reliance on the decision in
Bhaskar @ Prabhaskar ... that circumstance, the provisions of
Section 326 of Cr.P.C. were considered, which read
thus, -
"326 Conviction or commitment on
evidence partly recorded
Magistrate and he
may proceed further in view of Section 326 of
Cr.P.C. He placed reliance on the decision in
Bhaskar @ Prabhaskar ... that circumstance, the provisions of
Section 326 of Cr.P.C. were considered, which read
thus, -
"326 Conviction or commitment on
evidence partly recorded
under: -
"8. Ordinarily, it is the policy of law, in civil, criminal
and other proceedings, that a matter before a Court is
decided ... 326 of the Cr.P.C. with certain
additional safeguards built into the proviso to sub-section
(1) of Section 326 of the Cr.P
applicant are wrongly interpreted and also submitted that the Section 409(2) Cr.P.C. clearly provides that part-heard trial should not be withdrawn ... heard the whole of it.
Next, relying on the provisions of Section 326 Cr.P.C., learned counsel for the complainant has vehemently submitted that
P.W.9] after completing
investigation, submitted a charge-sheet under Section 173 [2], CrPC vide Charge-Sheet no. 21
dated 30.11.2016 finding ... case was opened by the learned Public Prosecutor as
per Section 326 , CrPC. After hearing the learned Public Prosecutor and the defence counsel
2014 [corresponding G.R.
Case no. 326/2014], a charge-sheet under Section 173 [2], CrPC was
submitted vide Charge-Sheet ... Court, the case was opened by the learned Public Prosecutor under
Section 326 , CrPC. After hearing the learned Public Prosecutor and the
learned
have
benefit of Section 326(3) of Cr.P.C., to get the matter at P.H. stage transferred
from one Court to another ... under Section 326(3) of
Cr.P.C. on 11.12.2012. It is obvious, in both matters Courts have tried following
the procedure in summons case
under Section 143 of
the Negotiable Instruments Act, 1881. The objection was raised under
Section 326(3) of the Code of Criminal Procedure seeking ... effect of Section 143 of the
Negotiable Instruments Act, 1881. Nevertheless, considering the effect of
Section 326 of the Code of Criminal Procedure in paragraph
have
benefit of Section 326(3) of Cr.P.C., to get the matter at P.H. stage transferred
from one Court to another ... under Section 326(3) of
Cr.P.C. on 11.12.2012. It is obvious, in both matters Courts have tried following
the procedure in summons case
have
benefit of Section 326(3) of Cr.P.C., to get the matter at P.H. stage transferred
from one Court to another ... under Section 326(3) of
Cr.P.C. on 11.12.2012. It is obvious, in both matters Courts have tried following
the procedure in summons case
