HARBANS LAL Vs. STATE

JUDGEMENT

(1.) The charge framed has been one of cheating under section 420 Indian Penal Code . for having issued a post-dated cheque for Rs. 4,250.00 while effecting purchase of 5 room-coolers when the accused Harbans Lal knew that he did not have sufficient amount in his bank account to meet the payment of the cheque, and, therefore, it bounced. It was framed on 25.10.1976.

(2.) Thereafter the prosecution evidence was completed between the period 26.10.1977 and 6 1.1978. The accused also led defence evidence which too was completed on 2.8.1978. The case was thereafter fixed for hearing of final arguments on a number of dates but the accused or his counsel were not available. On 2.2.1979, however an application was moved from the side of the accused under section 5 of the Code of Criminal Procedure to the effect that since relief on the basis of dishonoured cheque .could be specifically obtained under order 37 of the Code of Civil Procedure, no criminality could be attributed, and, therefore, the case should be dismissed on this legal ground. The arguments on this application as also on the case, could not be heard and completed as on a number of hearings thereafter the accused or his counsel could not proceed with the case.

(3.) The present Criminal Miscellaneous No. 297 of 1979 was moved by the accused before this Court on 29.5.1979 for direction that the trial court should be required to dispose of the aforesaid application dated 2.2.1979 before the final arguments in the case were heard. Notice on this petition was issued to the State. None, however, appeared from its side at the time of the hearing. The petitioners' counsel Mr. G.N. Aggarwal has, therefore, been heard.