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M. K. THAKKER
State Bank Of India Thro Branch Manager – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Order in Criminal Misc. Application
As this Court deems it fit to decide the case on merits, the formal leave seeking to prefer an appeal is granted. The application for leave to prefer an appeal stands disposed of accordingly.
Order in Criminal Appeal
1. This appeal is filed challenging the judgment and order dated 27.01.2020 passed by the learned 2nd Additional Judicial Magistrate First Class, Padra in Criminal Case No.707 of 2017 whereby, the learned trial Court has dismissed the complaint for non-prosecution.
2. It is the case of the complainant that the complainant, who is the financial institution, has sanctioned the term loan of Rs.5,54,000/- for purchase of the car on 10.09.2015 to the respondent – accused. The loan account was also opened in the complainant branch being account no.352224768978. After availing the loan facility, the respondent – accused remained failed in making the payment of installment and on raising the demand of the loan amount, the cheque of Rs.5,44,237/- being cheque No.703930 dated 12.01.2017 of the State Bank of India, Sun Pharma Road, Atladra branch was given. On depositing the said cheque, it was returned with an endorsement of ‘insufficien
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 discretion of the court to adjourn the hearing and the emphasis on deciding cases on merits with a judicial approach rather than dismissing them for default.
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 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 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 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....
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