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PRAKASH D. NAIK
Daffodil Projects Pvt. Ltd – Appellant
Versus
Deccan Water Treatment Pvt. Ltd. – Respondent
JUDGMENT/ORDER
1. The Petitioner has filed the complaint under Section 138 of the Negotiable Instruments Act against the Respondent Nos.1 and 2 before the Court of learned Judicial Magistrate First Class, Pune, which was numbered as Summary Criminal Case No.602 of 2012. The criminal complaint relates to dishonour of cheques issued towards alleged liability for supply of treatment plant. The total value of four cheques which were dishonoured was Rs.2,00,00,000/- (Rupees two crores). The complainant issued demand notice which was followed by filing of complaint. The process was issued, plea was recorded, the trial has commenced, evidence of complainant was recorded. The statement of the accused was recorded under Section 313 of Code of Criminal Procedure on 22nd September, 2015. The accused had stated that, he is going to submit written statement. The respondent No.2 examined himself as defence witness No.1, on 5th November, 2015. He was cross-examined on 14th July, 2016 and 5th November, 2016. The cross-examination was not concluded and it was adjourned on the request of Advocate for the complainant. Subsequently the complainant/Petitioner preferred an application before the trial Co
The court established that the accused has the right to file a written statement under Section 313 of the Cr.PC. even after a delay, provided it does not prejudice the complainant, reinforcing the pr....
The trial court can convict under Section 138 in the absence of the accused if justified, emphasizing the quasi-criminal nature of such proceedings.
The trial Court may proceed in the absence of the accused in Section 138 cases, dispensing with the Section 313 statement if the accused's absence is unjustified.
The trial court can convict under Section 138 in the absence of the accused if justified, emphasizing the quasi-criminal nature of such proceedings.
The deliberate absence and failure to avail opportunities for defense by the petitioner amounted to a voluntary decision, justifying the trial court's judgment and sentence. The availability of an ef....
The central legal point established in the judgment is the admissibility of the accused's evidence on affidavit in a Section 138 proceeding under the Negotiable Instruments Act, 1881, and the nature ....
The main legal point established in the judgment is the accused's right to have a fair trial and the importance of conducting the trial expeditiously while preventing the accused from unnecessarily p....
The Court has the discretion to summon witnesses or recall and re-examine any person if their evidence appears to be essential to the just decision of the case, as per Section 311 Cr.P.C. This power ....
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