S.K. RANA Vs. SHIVA ELECTRICAL INDUSTRIES

JUDGEMENT

(1.) Challenging the dismissal of applications under Ss. 243 and 313 of Cr.P.C and seeking re-framing of questionnaire as per the provisions under Sub-sec. 5 of Sec. 313 Cr.P.C., petitioner-accused No.2- S.K.Rana, Director, ARC Indian Engineers Pvt. Ltd., has come up before this Court praying for setting aside the impugned order dtd. 29/5/2015, passed by learned Judicial Magistrate First Class, Nahan, District Sirmaur, Himachal Pradesh in Criminal Misc. Application No. 175/6 of 2015 under Sec. 313 of Cr.P.C. and 176/6 of 2015 under Sec. 243 of Cr.P.C., titled as M/s Shiva Electrical Industries Vs. ARC India Engineers Pvt Ltd and another. State of HP Vs. Dadan Singh and another.

(2.) The facts apposite to decide the present controversy are that statement of petitioner/accused Mr. S.K. Rana, was recorded, under Sec. 313 Cr.P.C. on 5/11/2014, wherein he took a specific stand that his mind was perturbed when he was facing false charge of liability of huge amount and moreover the questions which were put to him are not simple and understandable being confusing because number of incidents have been mentioned there-before and due to these reasons the petitioner/accused could not understand the questions and somewhere answered wrongly after receiving wrong impression. In answer to question No.5 that is put to accused under Sec. 313 Cr.P.C., he has stated that "this is right, the cheque in question was given as guarantee cheque to Mr. "Vinod Garg'. The word "Vinod' has been reflected instead of "Vijay' because the petitioner/accused has said different to the statement which was recorded. Therefore, it is prayed that the application be allowed and the questionnaire of accused Mr. S.K. Rana may be re-framed and again put to him as per the provisions laid down in Sub Sec. 5 of Sec. 313 of Cr.P.C. Hence the present petition.

(3.) Feeling aggrieved by the order of learned trial court, petitioner-accused S.K. Rana has maintained the instant revision petition before this Court.