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“The expression “hearing the submissions of the accused” cannot mean opportunity to file material to be granted to the accused and thereby changing the settled law. At the stage of framing of charge hearing the submissions of the accused has to be confined to the material produced by the police.”
Overwriting of the date on the cheque has not been considered as a material interpolation meriting dishonour of the cheque.
The Court held that the trial court should not indulge in a detailed inquiry at the stage of charge framing but should only ascertain whether there are sufficient grounds to proceed based on the police report and prosecution documents.
“The term ‘serious crime’ connotes a crime beyond the ordinary, inviting a more serious major punishment than what may be given in the case of a minor omission.”
The Trial Court partly decreed the challenge against Constable’s discharge and held the discharge order illegal on the ground of being passed in violation of principles of natural justice.