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M. K. THAKKER
Shri Ram Transport Finance Co. Ltd Thro Amitbhai Ashokbhai Virpariya – 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 judgment and order of the dismissal passed by the learned 4th Additional Judicial Magistrate First Class, Deesa in Criminal Case No.2404 of 2021 acquitting the respondent-accused from the charges under Section 138 of the Negotiable Instruments Act, 1886 (‘the N.I.Act’ hereinafter).
2. It is the case of the complainant that the complainant is the finance company, who had given the finance on the vehicle to the respondent-accused and towards the payment of the amount, the cheque bearing No.586771 of Rs.1,50,000/and cheque No.586772 of Rs.2,19,000/was issued in favour of the complainant-company. On depositing both the cheques with the Bank, they were returned with an endorsement of ‘fund insufficient’. Therefore, after following the procedure prescribed under the Act, the private complaint came to be filed under Section 138 of the N.I.Act.
3. On recording the verification, learned trial Court has issued the summons, making it returnable on 23.07.2021 thereafter time to time, the matter was adjourned. On issuing the Bailable/Non-Bailable Warrant
The discretion under Section 256 of the Code of Criminal Procedure should be exercised fairly and judicially, and the complainant should be given a fair opportunity to provide the fresh address of th....
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, 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 importance of judicial and fair exercise of discretion under Section 256 of the Code of Criminal Procedure, ensuring that the cause of admin....
Judicial discretion in case dismissal must be exercised judiciously, especially regarding the necessity of a complainant's presence.
The main legal point established in the judgment is the discretion of the magistrate to proceed with the case even in the absence of the complainant, as provided in Section 256 of the Code of Crimina....
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.
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.
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