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J. M. KHAZI
Managing Director – Appellant
Versus
Shivaji Vasant Patil – Respondent
JUDGMENT
1. Being aggrieved by rejection of the application filed under sec. 82 of Cr.P.C., and also stopping further proceedings by invoking Sec. 258 of Cr.P.C., vide order dtd. 11/3/2020 in C.C.No.454/2017 on the file of the Additional Senior Civil Judge and JMFC, Mudhol, the petitioner, who is complainant before the Trial Court, has come up with this petition under Sec. 482 of Cr.P.C.
2. The petitioner has filed a private complaint under sec. 200 of Cr.P.C., alleging offence punishable under sec. 138 of the Negotiable Instruments Act, 1881 ("N.I.Act" for short) against the respondent/accused contending that it is a Co-operative Society registered under the Societies Act , manufacturing crystal sugar. The service of respondent/accused was taken for supply of labourers during the harvesting season. Respondent agreed to hire one truck for transporting sugarcane to the complainant-factory and received advance of Rs.4,50,000.00. However, he failed to fulfill his promise and when insisted to return the advance amount, he issued a cheque dtd. 8/7/2013 drawn on UCO Bank, Kolhapur Branch, Maharashtra State for a sum of Rs.4,50,000.00. However, when it was presented to the bank on 16/7/201
The central legal point established in the judgment is that the Trial Court erred in rejecting the application for issue of proclamation under sec. 82 of Cr.P.C. and stopping further proceedings unde....
Procedural requirements for issuing proclamation under Sections 82/83 Cr.P.C. and the need for expeditious trial under the N.I. Act.
Dishonour of cheque – Any complaint under Section 138 of N.I. Act should have been filed strictly in accordance with mechanism so given under Section 138 of N.I. Act.
The declaration of a person as proclaimed under Section 82 Cr.P.C. is invalid if proper procedural requirements are not followed, including the court's satisfaction regarding the absconder's status.
The court held that despite the absence of a timeframe for executing warrants, the issuance of proclamation and attachment under Sections 82 and 83 of Cr.P.C. can still be warranted to ensure complai....
Mandatory compliance with Section 82(2)(i)(a) of Cr.P.C., emphasizing the requirement for the proclamation to be read publicly as per constitutional rights.
Non-compliance with Section 82 Cr.P.C. renders proclamation of an accused as nullity, warranting quashing of FIR under Section 174-A IPC.
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