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SAMIR J. DAVE
Manoj Vasudev Sompura – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Samir J. Dave, J.
1. By way of this petition filed under Articles 226 & 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, the petitioner has prayed to quash and set aside the order dated 05.05.2023 passed by the Court of learned Addl. Chief Metropolitan Magistrate, Court No.34 (N.I.), Ahmedabad in Criminal Case No.1264 of 2014 whereby, the petitioner, original accused, has been convicted for the offence u/s. 138 of the Negotiable Instruments Act, 1881 (for short, “the N.I. Act”) and has been sentenced to undergo simple imprisonment for six months and to pay compensation of Rs.10 Crores along with interest at the rate of 09% per annum to the respondent-original complainant and in default to undergo further imprisonment for a period of three months.
2. The facts in brief are as under;
The petitioner herein and M/s. Rachana Global Excavation Ltd. had availed Cash Credit Loan of Rs.5 Crores and Term Loans of Rs.4.07 Crores and Rs.3.55 Crores from S.M.E. Branch, Mehesana of respondent-State Bank of India. Subsequently, the petitioner herein and said Firm had failed to repay the amount of loans. The petitioner herein, as authorized person of
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 judgment establishes that an accused in a Sec. 138 N.I. Act case has an absolute right to cross-examine the complainant if a probable defense is disclosed, reinforcing the procedural safeguards ....
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 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 must follow the prescribed procedure for summary trial under the N.I. Act and cannot invoke Section 256 of the Cr.P.C. without proper reasons and compliance.
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