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M. K. THAKKER
Rajgor Protins Pvt. Ltd. Thro Rajgor Rahulkumar Vasantlal – 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. referred hereinafter) challenging the impugned judgment and order dated 03.01.2023 passed in Criminal Case no.1486 of 2021 by the learned Judicial Magistratre First Class, Harij, District Patan under Section 256 of the Cr.P.C. dismissing the complaint on the ground of non-prosecution and acquitting the respondent-accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1886 (‘the N.I.Act’ referred hereinafter).
2. It is the case of the complainant that the complainant and the accused is having the business relations and the respondent-accused had purchased the cumin seeds of Rs.33,73,180/-. Out of the aforesaid amount, some amount has been paid by the respondent- accused and for the amount of Rs.28,89,182/- the cheque bearing No.273575 of the Axis Bank dated 06.10.2021 was issued in favour of the complainant. On depositing the said cheque, it was dishonored with an endorsement of ‘funds insufficient’ and therefore, after following the due procedure prescribed under the N.I. Act, a private complaint came to be filed.
2.1. The learned trial Court afte
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 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 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, and the trial court should adjourn the case or issue a warrant/summons to the accused instead of immediately d....
The discretion under Section 256 of the Code of Criminal Procedure must be exercised judicially and fairly without impairing the cause of administration of criminal justice.
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 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 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....
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