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PUSHPENDRA SINGH BHATI
Mahaveer – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
This Criminal Misc. Petitions under Section 482 Cr.P.C. have been preferred claiming the following reliefs:—
In S.B. Criminal Misc(Pet.) No. 6142/2021:-
“It is, therefore, respectfully prayed that the instant misc. petition be kindly allowed this Hon’ble Court may be pleased to set aside the order dated 18.09.2021 passed by Special Judicial Magistrate (NI Act Cases) No. 3, Bhilwara in Case No. 4878/2017 and the trial court be directed to take the statement affidavit of the petitioner on record and treat the same as the statement of the petitioner.
Any other appropriate write, order or direction which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case may also be granted in favour of the Petitioner, during the pendency of the present petition in the Hon’ble Court.”
In S.B. Criminal Misc(Pet.) No. 1204/2021:-
“It is, therefore, respectfully prayed that the instant misc. petition be kindly allowed this Hon’ble Court may be pleased to set aside the order dated 29.1.2021 passed by Special Judicial Magistrate (NI Act Cases) No. 3, Bhilwara in Case No. 4878/2017 and the trial court be directed to summon witness no. 1 and 2 in the list o
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.
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 ....
Issuance of summons without conducting inquiry under Section 202 of the Cr.P.C. is impermissible, making the cognizance under Section 138 of the N.I. Act unsustainable.
Payment of a part or whole of the sum represented on a cheque between the period when the cheque is drawn and when it is encashed upon maturity reduces the legally enforceable debt on the date of mat....
In proceedings under the Negotiable Instruments Act, the accused cannot provide evidence via affidavit and must request in writing to testify, adhering to strict procedural compliance.
Conviction under Section 138 of the Negotiable Instruments Act affirmed, emphasizing the necessity of due process in criminal trials and the validity of a Magistrate's authority.
Point of Law : Postponement of issue of process - The dictum is when Magistrate holds inquiry himself, it is not compulsory that he should examine The witnesses and in suitable cases Magistrate can e....
Strict compliance with the provisions of Section 202 of the CrPC is not required in proceedings under Section 138 of the NI Act, and the evidence of witnesses on behalf of the complainant can be perm....
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