BIJENDER SINGH Vs. RAVINDER SIWACH

JUDGEMENT

(1.) The petitioner has impugned the order dated 28.11.2014 on the ground that there has been mis-trial inasmuch as the petitioner was never accorded an opportunity to prove his case in accordance with law. He submits that as per the procedure specified under Section 138 of the Negotiable Instruments Act, 1881 (the Act) the accused is to step into the witness box to raise his defence; the defence has to be substantive because the presumption under Section 138 of the Act is against the person who has issued the cheque. The procedure adopted in the impugned order, apropos framing of charge under section 138 of the Act recorded inter alia:-

(2.) The learned counsel for the petitioner submits that the moment the accused states that he has a defence, such defence has to be articulated immediately and as a sequiter the accused has to step into the witness box right away. He relies upon the judgment of this Court in Rajesh Agarwal v. State and Anr. 171 (2010) DLT 51 which observed as under:

(3.) He further relies upon the judgment of the Supreme Court in Rangappa v. Sri Mohan (2010) 11 SCC 441 which inter alia observed as under: