Rajasthan High Court - Jodhpur
Ishwar Lal vs State Of Rajasthan (2025:Rj-Jd:24391) on 20 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:24391]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 916/2023
Ishwar Lal S/o Chatar Lal, Aged About 75 Years, R/o 4/25,
Housing Board Colony, Goverdhan Vilas, District Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Prakash Chandra S/o Kesarimal Jain, R/o House No. 12,
New Market, Jawar Mines, Sarada, District Udaipur.
----Respondents
For Petitioner(s) : Mr. Shreekant Verma
For Respondent(s) : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
20/05/2025
1. The petitioner was tried and ultimately convicted for
committing an offence under Section 138 of the N.I. Act vide
judgment dated 18.09.2021 passed by learned Special
Judicial Magistrate (NI Act Cases) No.5, Udaipur.
2. Challenging the aforesaid judgment, he preferred an appeal
before the Appellate Court bearing Case No.85/2023 and
vide judgment dated 19.07.2023, the learned Appellate
Court decided the appeal observing that the explanation of
the petitioner under Section 313 of the Cr.P.C. was not
sought so also that the learned trial Court was not supposed
to inflict fine of Rs.4,00,000/-, and thus it opt to remadn the
matter back to the learned trial Court, however, a flagrant
error has been committed by giving the direction that the
petitioner shall be heard only on the point of sentence. The
said judgment dated 19.07.2023 is under assail before this
Court.
[2025:RJ-JD:24391] (2 of 3) [CRLR-916/2023]
3. I have heard learned counsel for the parties and gone
through the judgment dated 19.07.2023.
4. This Court is of the view that when the learned trial Court
failed to seek an explanation from the accused under Section
313 Cr.P.C., and the accused's stance could not be brought
on record before finding his guilt and when on this count the
learned Court of Appeal decided to remand the matter back
to the learned trial Court for ratification of the judgment
then if that the Court was obligated to hear the accused not
only on the question of sentence but also on the point of
guilt also in light of the fresh material in the form of
explanation under Section 313 Cr.P.C..
5. By not doing so, an error of law has indeed been committed.
The proceeding of Section 313 Cr.P.C. are not an empty
formality; rather, this stage allows the entire evidence
presented by the prosecution to be put before the accused,
who is then expected to explain the circumstances brought
by the prosecution. After the explanation is given and any
evidence in defense is presented, the trial court is required
to hear the parties on the question whether the material
brought on record is sufficient to establish the guilt of the
accused. In this process, it is imperative for the trial Court to
consider the explanation of the accused given against the
material of the prosecution. After hearing the parties if the
trial Court held the accused guilty then as per the mandate
of law, the accused must be heard on the question of
sentencing. Remanding the matter back solely to record the
statement of the accused under Section 313 Cr.P.C., as well
[2025:RJ-JD:24391] (3 of 3) [CRLR-916/2023]
as for hearing on the legality of the imposition of fine, but
restricting the hearing only to the point of sentence, is not in
consonance with the spirit of the law. Therefore, to this
extent, the appellate judgment is not sustainable in the eyes
of law.
6. Accordingly, the revision petition deserves to be and is
hereby allowed. The impugned judgment dated 19.07.2023,
passed by the learned Court of Appeal in Sessions Case
No.85/2023, is hereby quashed and set aside but limits the
hearing of an accused to the point of sentence only. The said
order is modified and it is directed that the learned Trial
Court shall examine the petitioner under Section 313 Cr.P.C.
and in that process, he shall also be asked whether he would
wish to adduce evidence in defence and if the answer is in
affirmative, then he shall be given liberty in accordance with
procedure of the Code. After doing so, the parties shall be
heard on merits and then only the learned Trial Court would
pass a fresh judgment whether the prosecution succeeded in
bringing home the guilt of the accused or not. Only in the
event of a definite finding of guilt is recorded, the accused
shall be heard on the point of sentence and then would pass
a fresh judgment in accordance with law.
7. Stay petition also stands disposed of.
8. It is expected from the learned trial Court to conclude the
trial expeditiously.
(FARJAND ALI),J
33-Samvedana/-
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