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M. K. THAKKER
Patel Control Panel Thro Ketanbhai Trikambhai Patel – Appellant
Versus
Samirbhai Najirbhai Vohra – Respondent
JUDGMENT :
1. Since the issue raised in the these appeals are similar, they are being decided by a common judgment. The facts of Criminal Appeal No.352 of 2024 are taken for the purpose of adjudication.
2. Endorsement on the cause list shows that Rule which was issued in the application for seeking leave to prefer an appeal was served on 19.01.2024, however, the respondent has chosen not to appear before the Court.
3. These appeals are filed challenging the impugned judgment and order of the acquittal dated 09.12.2023 passed by the learned trial Court in Criminal Case No.3716 of 2022 acquitting the respondent-accused under Section 138 of the Negotiable Instruments Act, 1886 (‘the N.I.Act’ referred hereinafter) by exercising the powers under Section 256 of the Code of Criminal Procedure, 1973 (‘the Cr.P.C.’ referred hereinafter).
4. It is the case of the complainant that the complainant is doing the business of Control Penal and the respondent-accused is doing the business of selling milk and paneer. The respondent-accused had purchased the electric equipment from the complainant and for the payment of the same, 11 cheques for the amount of Rs.15,000/was issued in favour of the complain
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 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 the Code of Criminal Procedure 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 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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