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M. K. THAKKER
Parthsarthi Nareshbhai Chavda – Appellant
Versus
Rameshbhai Lavjibhai Akhbari – Respondent
JUDGMENT :
1.This appeal is filed under Section 378 of the Code of Criminal Procedure, 1973 (‘the Cr.P.C. referred hereinafter) challenging the judgment and order of the acquittal passed by the learned 2nd Additional Chief Judicial Magistrate, Jamnagar in Criminal Case NO.4121 of 2018 dated 13.09.2023 whereby the learned trial Court has acquitted the respondent-accused from the charges punishable under Section 138 of the Negotiable Instruments Act, 1886 (‘the N.I.Act’ referred hereinafter) by exercising the power under Section 256 of the Cr.P.C.
2. It is the case of the complainant that the complainant had lent the amount of Rs.35 Lakh to the respondent-accused to repay the said amount the cheque bearing No.741125 dated 04.04.2018 was issued in favour of the complainant for the amount of Rs.35 Lakh.
The discretion to dismiss a complaint for non-appearance must be exercised judiciously and fairly, without impairing the cause of administration of criminal justice.
The discretion to acquit a defendant due to the complainant's absence must be exercised judicially and fairly, and the court should ensure that the matter is decided on its merits.
The court emphasized the need for the trial court to exercise discretion judiciously and fairly before dismissing a case on technical grounds and highlighted the importance of providing opportunities....
The central legal point established in the judgment is the necessity of exercising judicial discretion and considering the potential adverse consequences for the complainant in dismissing complaints ....
The power under Section 256 of the Code of Criminal Procedure should be exercised fairly and judicially without impairing the cause of administration of criminal justice.
The discretion under Section 256 of the Cr.P.C. must be exercised judicially and fairly, without impairing the cause of administration of criminal justice.
The court upheld the trial Court's acquittal under Section 256 due to the complainant's prolonged absence, emphasizing the necessity for diligence in prosecution.
The main legal point established in the judgment is the importance of judicial and fair exercise of discretion under Section 256 of the Code of Criminal Procedure, emphasizing the necessity of the co....
The main legal point established is the need for judicial and fair exercise of discretion by the Magistrate under Section 256 of the Cr.P.C., and the importance of giving parties the opportunity to a....
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