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M. K. THAKKER
Poornankbhai Jayendrakumar Khachar – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. This appeal is filed under Section 378 of the Code of Criminal Procedure challenging the judgment and order dated 06.07.2023 passed by the learned Additional Civil Judge, Dabhoi in Criminal Case No.3749 of 2021 below Exhibit 1 whereby, the accused came to be acquitted from the charges under Section 138 of the Negotiable Instruments Act by exercising the power under Section 256 of the Code of Criminal Procedure.
2. The case of the appellant - original complainant is that the complainant is working as a contractor and given the hand loan of Rs.5,25,000/- in cash to the respondent – accused in the year 2019. On being demand of the said amount, the cheque bearing No.008878 for the amount of Rs.5,25,000/- was issued in favour of the complainant with an assurance that on depositing the said cheque, it would be encashed and the amount would be credited in the account of the complainant.
3. On depositing the said cheque, it was dishonored with return memo with an endorsement of ‘fund insufficient’ on 30.06.2021. Therefore, after following the procedure prescribed under the N.I. Act, the private complaint came to be filed before the competent Court for the offence punishable unde
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 Code of Criminal Procedure must be exercised judicially and fairly 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 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 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 discretion to dismiss a complaint for non-appearance must be exercised judiciously and fairly, without impairing the cause of administration of criminal justice.
The main legal point established in the judgment is the significance of complainant's cooperation in trial proceedings and the need to discourage dilatory tactics to ensure timely justice delivery.
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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