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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE S. M. MODAK
Navneet Singh Gogia – Appellant
Versus
The State Of Maharashtra – Respondent
JUDGMENT :
1. The only issue argued before me is about power of the trialCourt to proceed with the trial for an offence punishable underSection 138 of the Negotiable Instruments Act in absence of theaccused. That is to say, ‘when neither accused nor his advocateappeared during evidence recording stage, whether trial Court can a)proceed further, b) dispense statement under section 313 of theCriminal Procedure Code and c) convict the accused’?
Background
2. There were two Summary cases filed before the Court of the Metropolitan Magistrate 33rd Court. They are :-
a) No. 4001/SS/2016
b) No. 4081/SS/2016
The present Respondent No. 2 was the Complainant. Whereas there were three accused persons. One is the Company and Nos. 2 and 3 are its Directors. These revisions are filed by accused nos. 2 and 3. The accused issued two cheques dated 29.10.2015 for Rs. 50 Lakhs each, in all amounting to Rs. 1 Crore. They were issued towards discharge of hand loan. On presentation, they were dishonoured and that is why, two private cases were filed.
Appearance
3. Initially, accused have appeared before the trial Court. The events are as follows:-
a) They furnished bail on 07/07/2017.
b) Their plea was also record
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 trial court can convict under Section 138 in the absence of the accused if justified, emphasizing the quasi-criminal nature of such proceedings.
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 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 accused is not entitled to provide evidence via affidavit under the Negotiable Instruments Act; such a right is exclusively reserved for the complainant to ensure a fair trial.
Dishonour of cheque – There is no necessity to recall and re-examine complainant after summoning of accused, unless Magistrate passes a specific order as to why complainant is to be recalled.
Procedural irregularities in trials under the Negotiable Instruments Act do not invalidate judgments unless they cause prejudice to the parties involved; trial integrity must prioritize substantive j....
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