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M. K. THAKKER
Mahant Anandpuri – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT
1. This appeal is filed challenging the judgment and order dated 25-05-2023 passed by learned Additional Judicial Magistrate First Class, Himmatnagar below Exh.1 in criminal case No.4218 of 2022 whereby power under section 256 of the Cr.P.C. was exercised and respondent- accused were acquitted from the offence punishable under section 138 of the Negotiable Instruments Act (hereinafter referred to as the NI Act).
2. It is the case of the complainant that, complainant is running “Gaushala” and managing the Ashram by keeping cattle. The respondent-accused are doing labour work in the said “Gaushala”. As they were in need of financial assistance, an amount of Rs.2,00,000/- was demanded from the complainant which was lent and in lieu of the re-payment of the aforesaid amount, cheque bearing No.021973 dated 25-03-2022 was issued for the amount of Rs.2,00,000/-.
2.2. Learned Trial Court has issued the summons to the respondent-accused vide order dated 11-05-
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 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 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 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 to dismiss a complaint for non-appearance must be exercised judiciously 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.
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