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M. K. THAKKER
Gurukrupa Steel Trading Corporation Through Jitendrakumar Ganeshbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1.This appeal is filed under Section 378 of the Code of Criminal procedure, 1973 ('the Cr.P.C.' hereinafter) challenging the judgment and order dated 20.12.2023 passed by the learned Chief Judicial Magistrate, Sabarkantha, Himmatnagar below Exhibit 1 in Criminal Case No.7692 of 2021 filed under Section 138 of the Negotiable Instruments Act, 1886 ('the N.I.Act' hereinafter).
2. It is the case of the complainant that complainant is running the firm in the name and style of Gurukrupa Steal Trading Corporation and the accused is doing the business in the name and style of Akshar Construction. The accused had purchased the goods, namely, Brass and Iron from the firm of the complainant and to pay the aforesaid bill amount, the cheque bearing No.030164 for the amount of Rs.1,80,361/- in favour of the complainant was issued.
The central 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, ensuring that the cause of admin....
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 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 Cr.P.C should be exercised judiciously and fairly, considering the necessity of the complainant's presence and the principles of natural justice.
The discretion under Section 256 of the Cr.P.C. must be exercised judicially and fairly, and the trial court should adjourn the case or issue a warrant/summons to the accused instead of immediately d....
The court emphasized the need for a judicial and fair exercise of discretion in dismissing a complaint for non-appearance of the complainant, stating that the complaint should not be dismissed on a s....
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....
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 absence of a complainant's advocate does not justify automatic dismissal of a case if evidence is on record and the accused is avoiding service.
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