22 January 2015
Dear Mr. Agarwal, There is no such procedure under Cr.P.C whereby accused can make any representation/application for "NOT GUILTY". Under section 251, plea is recorded, whether accused pleads guilty or has any defence to make.
If he accepts to be guilty- he is convicted. If he denies being guilty- Trail proceeds.
Further, Accused can also make application to Hon'ble sessions Court/High Court for discharge of Compliant.
23 January 2015
Every thing can not be written in the law, it is developed in due course by its operation in courts and citations of higher courts.
And Mr Agrawal s query there is rare advocate for the complainant who raises the issue of 251 statement which is normally kept ready and most non serious advocate will also prompt his client to say NO, NO AND NO.
And far the benefit of all the accused in particularly cheque bounce cases pl remember that it is document based summons case and any mistake in first day plea can be fatal.
IN CASES OF DOUBT ALLOW YOUR ADVOCATE TO RECORD THE PLEA ON THE BEHALF OF THE ACCUSED.
SUPREME COURT HAS GIVEN DIRECTION THAT THE ADVOCATE CAN NOT ONLY GIVE PLEA ON BEHALF OF THE ACCUSED AND EVEN 313 STATEMENTS CAN ALSO BE FILED IN WRITTING.