Back
M. K. THAKKER
Tusharbhai Navneetbhai 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.’ referred hereinafter) challenging the impugned judgment and order of acquittal passed by the learned 2nd Additional Chief Judicial Magistrate, Anand in Criminal Case No.4893 of 2021, whereby the learned trial court has dismissed the complaint under section 256 of the Cr.P.C. for non prosecution and acquitted 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 is having a petrol pump and the respondent-accused is the transporter and used to come to the petrol pump of the complainant, this way they were having friendly relations with each other. Hence, when the respondent-accused asked the complainant to lend him Rs.15,00,000/-, complainant had lent it to him. In view of the aforesaid payment, a cheque of Rs.15,00,000/- dated 08-07-2021 was issued in favour of the complainant with an assurance that on depositing the same it would be honored and the amount would be credited in the account of the complainant. On depositing the same
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 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 under Section 256 of the Cr.P.C. must be exercised judicially and fairly, without impairing the cause of administration of criminal justice.
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 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 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 requirement for judicial discretion before passing an order of acquittal under Section 256 of the Code of Criminal Procedure and the necessity ....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
