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M. K. THAKKER
Chaudhari Dhiren Babulal – 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 acquittal passed by the learned 10th Additional Judicial Magistrate First Class, Mahesana in Criminal Case No.8342 of 2009 dated 20.12.2023 acquitting the respondent for the charges punishable under Section 138 of the Negotiable Instruments Act, 1886 (‘the N.I.Act’ referred hereinafter) by exercising the power under Section 256 of the Cr.P.C.
2. It is the case of the complainant that the complainant is doing the business of Amul, BSNL and Sky advertisement and the accused was serving as a stenographer at CBI Court, Ahmedabad, however, he was suspended from the Court and therefore, he was staying with the father at Mahesana. When the accused was serving at Gandhinagar, at that point of time with regard to the purchasing of the plot at Gandhinagar, Rs.10 Lakh was paid to the respondent-accused under the assurance that the sale deed would be executed in favour of the complainant, however, subsequent to the said transaction, the accused had shown unwillingness to execute the sale deed. Therefore, the amount which was paid
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 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 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 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 discretion to dismiss a complaint for non-appearance must be exercised judiciously and fairly, without impairing the cause of administration of criminal justice.
The importance of ensuring natural justice and giving both parties an opportunity to present their evidence, even in cases of non-appearance, and the need to avoid technical dismissals.
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 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 ....
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