July2007crl

HIGH COURT OF ANDHRA PRADESH: HYDERABAD

Written Examination for Recruitment to the post of Junior Civil Judge (Limited Recruitment)

CRIMINAL LAW

29th July 2007.

Time: 3 hours                                                                                                                                                 Max. Marks 100

2.00 p.m. to 5.00 p.m.

a)     Part A is compulsory. It carries 30 marks.

b)     Candidate should answer any seven questions in Part B. Each question carries 10 marks.

c)      Write your roll number only on the first page of the answer book.

d)     Do not write/put your name, roll number or any mark anywhere in the answer book/additional sheet.

e)     Any attempt by the candidate to disclose his/her identity in

any manner in any other part of the answer sheet will disqualify him/her.

f)  No candidate shall be permitted to leave the examination hall before

2.30 P.M.

PART-A

1. Write your judgment briefly stating reasons with reference to the material supplied herewith (complaint and evidence).

IN THE COURT OF THE JUDICIAL MAGISTRATE OF I CLASS

HYDERABAD

CC.No. 100 Of 2007.

Between: K. Subbarao

Complainant.

M. Venkatarao

Accused.

COMPLAINT FILED BY THE COMPLAINANT UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT

1.                                  The complainant and the accused are neighbours and are known to each other. The wife of the accused is sick for some time. On 01.06.2007 the accused came to the complainant and informed him that he has to take his wife to hospital immediately and that he is not having ready cash with him and took a hand loan of Rs. 15,000/- from the complainant for the medical treatment of his wife, in case of her admission into hospital, and gave a cheque bearing No. 55577 dated 02.06.2007 to the complainant stating that he can encash the said cheque on the next day.

2.                                  On 02.06.2007 the complainant presented the cheque for payment in State Bank of India, Begumpet branch where the accused also has an account. But the said cheque was returned on 03.06.2007 with an endorsement that the amount is not arranged for by the accused.

3. Thereafter on 05.06.2007 the complainant issued a notice to the accused informing him about the dishonour of the cheque issued by him and with a request to make the payment of the amount covered thereby. The accused having known the contents of the notice sent by the complainant, refused to receive the notice and did not make the payment even though 15 days elapsed. Therefore, the accused is liable for punishment under Section 138 of the Negotiable Instruments Act.

4. Hence the complainant prays that the accused may be punished for the offence under Section 138 of the Negotiable Instruments Act and adequate compensation may be awarded to the complainant and grant such other reliefs.

30.06.2007                                                                                                                                                                                 Complainant.

DOCUMENTS FILED WITH THE COMPLAINT

1                                         02.06.2007: Cheque issued by the accused.

2                                         03.06.2007: Endorsement by the Bank stating xnot arranged for'.

3                                         05.06.2007: Copy of the notice issued by the complainant to the accused.

4                                         11.06.2007    Refused postal cover

Evidence

P.W.I: K. Subbarao

CHIEF EXAMINATION:

I am the complainant. The accused is my neighbour. AS his wife was unwell and as he was not having sufficient money with him, the accused

requested me to give him Rs. 15,000/- for meeting the medical expenses of his wife. So I gave him Rs. 15,000/- on 01.06.2007. He gave me a cheque bearing No. 55577 drawn on State Bank of India, Begumpet Branch, Hyderabad dated 02.06.2007 and asked me to present it for payment on the next day. I presented the said cheque for payment on 03.06.2007 but it was returned with an endorsement that payment is not arranged for. So I got issued a legal notice to the accused informing him about the dishonour of the cheque and requested him to pay the amount covered by the said cheque but the accused refused to receive the same. Ex.Pl is the cheque, Ex.P2 is the cheque return memo, Ex. P3 is the office copy of the legal notice and Ex.P4 is the refused registered letter. Hence the accused is liable for punishment under Section 138 of the Negotiable Instruments Act. CROSS EXAMINATION:

It is not true to say that I did not pay any amount to the accused and that I went to the house of the accused and stole the signed cheque available in his house and concocted the cheque. I have no record with me to show that the wife of the accused is unwell. It is not true to say that Ex.Pl cheque does not contain the signature of the accused and it is forged by me.

P.W.2: V. Raghuveer    Branch Manager, S.B.I., Begumpet Branch.

I am the Manager of State Bank of India, Begumpet Branch, Hyderabad. On 03.06.2007 the complainant presented a cheque bearing No. 55577 dated 02.06.2007 drawn by M. Venkatarao for Rs. 15,000/- for payment. On verification of account of M. Venkatarao, we found that the drawer of the cheque M. Venkatarao was not having sufficient balance in his account and so we returned the cheque with the endorsement 'Payment not arranged' i.e., Ex.P2. Ex. P2 bears my signature.

CROSS EXAMINATION:

It is not true to say that the signature in Ex.Pl cheque is not that of the accused M. Venaktarao. It is not true to say that the cheque was returned not for want of funds in the account but was returned on the ground that the signature therein does not tally. It is not true to say that I am giving false evidence to help the complainant.

No evidence was adduced by the accused. Ex. PI: Cheque

02.06.2007

Pay Rs. 15,000/- (Rupees Fifteen thousand only) to Sri K. Subbarao. Cheque No. 55577

Sd/- xx xx xx M. Venkatarao

Ex. P2: Return endorsement Memo

03.06.2007

STATE BANK OF INDIA Begumpet Branch

To

K. Subbarao

Cheque No. 55577 dated 02.06.2007 is returned herewith as the drawer did not arrange for payment.

Sd/- xx xx xx Branch Manager

Ex. P3: Read. Notice

Under the instructions of my client Sri K. Subbarao resident of Begumpet, I issue the following notice to you:

On 01.06.2007 you took a hand loan of Rs. 15,000/- from my client for the treatment of your wife on the ground that you are not having sufficient cash with you and gave a cheque bearing No. 55577 dated 02.06.2007 drawn on State Bank of India, Begumpet Branch and requested my client to present the said cheque in bank for payment on the next day. My client presented the said cheque in State Bank of India, Begumpet Branch for payment but it was returned dishonoured on 03.06.2007 on the ground that payment is not arranged for.

So my client hereby calls upon you to pay the amount covered by the said cheque within fifteen days. Else my client would be constrained to launch prosecution against you under Section 138 of Negotiable Instruments Act.

Hyderabad                                                                                                                                                                                 Sd/- xx xx xx

05.06.2007                                                                                                                                                                                 Advocate

To

Sri M. Venkatarao 5-6-86, Begumpet, Hyderabad

Ex.P4 Refused Read. Cover

Addressed to

M. Venkata Rao, 5-6-86, Begumpet Hyderabad

Refused 11.06.2007

Sd/- xx xx xx Postman.

PART - B

2     A. What is meant by 'taking cognizance' by Magistrate? What are the options available and limitations imposed while taking cognizance? B. How confessional statements are recorded by a Magistrate? What is the evidentiary value of such statements?

3.                 Distinguish between:

A.                             Common intention and common object.

B.                             Abatement and Criminal Conspiracy.

C.                             Theft and Extortion

D.                            Admission and Confession

4.                 A. What are the safeguards to be adopted by the magistrate while

conducting a test identification parade? What is the probative value of the

report of a test identification parade?

B. What is dying declaration? What are the precautions to be taken while recording the same. When is a dying declaration admissible in evidence?

5.                 A. What is the object and purpose of framing a charge? What are the

factors to be considered while framing a charge?

B. What is meant by committal to a Court of Sessions? What are the procedural requirements to be complied with while passing an order of committal?

6.                 A. What is the importance of the examination under Section 313

Cr.P.C?

B.                           Can an accused person examine himself as a witness?

C.  Explain the salient features and distinguish the procedure to be

followed in a trial of warrant case from a summons case.

7.                 Write short notes on

A.                             Hearsay evidence

B.                             Public document

C.                             Public servant

D.                             Hostile witness.

8.                                 Whether the criminal court can review its own judgment or order after it is signed? Explain.

9.                                 Wife who is a resident of Hyderabad joined the husband at Pune immediately after marriage and lodged a complaint with the police at Hyderabad for the offences under Sec. 498-A, 406 IPC. Whether the Courts at Hyderabad will have jurisdiction to try the said offences? Explain.

10.                       No confession made to the police officer shall be proved against a person accused of any offence. Elucidate?

11.                       Write short notes on whether a conviction can be based on the uncorroborated testimony of:

a)         An accomplice

b)         Approver

c)          Prosecutrix; and

d)         Child witness.

12.            When can an accused be discharged? When can an accused be

acquitted? Explain the difference between the two.

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