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2006 DIGILAW 497 (RAJ)

Gopal Krishna v. Smt. Radha Devi

2006-02-14

H.R.PANWAR

body2006
JUDGMENT 1. - Heard learned counsel for the parties. Perused the order impugned dated 18.8.2005 passed by learned Judicial Magistrate, First Class, Rajsamand in Criminal Case No. 123 of 2004, whereby the substance of charge was read over to the petitioner who is facing trial for the offence under Section 138 of the Negotiable Instruments Act, 1881. 2. The requirement of Section 251 Criminal Procedure Code is that when in a summons case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge. Thus, it is not required to frame the charge but only substance of accusation has to be stated to be accused. 3. From perusal of the order impugned, it is more than clear that sub-stance of accusation has been read over to the accused-petitioner. He did sot plead guilty and sought trial. In this view of the matter, I am of the view that the requirement of Section 251 Criminal Procedure Code has been fulfilled. In the circumstances, therefore, I do not find any error, illegality of perversity in the order impugned warranting interference. 4. Consequently, the revision petition fails and is hereby dismissed. Stay petition also stands dismissed.Petition dismissed. *******