PATEL ALPESHKUMAR MADHAVLAL Vs. PATEL BHIKHABHAI AMBALAL

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, the petitioners original accused has prayed to quash and set aside the order passed by the learned trial Court below Exh. 125 in Criminal Case No. 760 of 2002 rejecting the said application by which the petitioner original accused has sought permission to examine himself under Section 315 of the Criminal Procedure Code and the said order is confirmed by the learned Sessions Court, Gandhinagar by order dated 20.07.2007 passed in Criminal Revision Application No. 54 of 2007.

(2.) A criminal complaint is filed against the petitioner original accused under Section 138 of the Negotiable Instruments Act being Criminal Case No. 760 of 2002. After that, witnesses came to be examined i.e. Prosecution side as well as defence side and even after the statement of the petitioner original accused was recorded under Section 313 of the Criminal Procedure Code long back; and after the arguments on the prosecution side was over, belatedly, the petitioner original accused submitted application below Exh. 125 and requested the learned trial Court to examine himself to rebut.

(3.) Mr.Baqui, learned Advocate appearing on behalf of the petitioner has submitted that considering the subsequent judgment of the Hon'ble Supreme Court and Section 138 of the Negotiable Instruments Act, having realized the mistake in not examining himself as defence witness, that permission is not rebutted, the original accused has submitted the application to examine himself which is his valuable right and therefore, the learned trial Court as well as the Revisional Court committed an error in rejecting the said application submitted by the applicant. It is submitted by him that no prejudice will be caused to the complainant side, if the petitioner is examined now and requested to allow the present application.