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GITA GOPI
Ranjitsinh Laxmansinh Shekhavat – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Heard learned Advocates appearing for the respective parties.
2. By way of this application, the applicant – the original complainant has challenged the legality and validity of the order dated 15.06.2023 below Exhibit 11 passed by the learned Sessions Judge, Sabarkantha at Himmatnagar in Criminal Revision Application No.6 of 2023 allowing the Revision Application and setting aside the order dated 13.01.2023 passed by learned 2nd Judicial Magistrate First Class, Himmatnagar below Exhibit 51 in Criminal Case No.5067 of 2018, whereby the application of the applicant for a de novo trial was allowed.
3. The criminal complaint against the present respondents No.2 and 3 was under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to in short as ‘the N.I. Act’). It is the case of the applicant that he and the respondent No.2 had started a Partnership Firm in the name and style of “Design Community” on 20.11.2012 by executing a notarized Partnership Deed. The business got permanently closed on 12.06.2015, thereafter the accounts were settled and the formal deed for dissolution of the firm was executed on 13.06.2017.
Thereafter, the applicant joined service
A de novo trial is not warranted when evidence is recorded in a summons case format, as per the provisions of the Negotiable Instruments Act.
The appellate court erred in ordering a de novo trial as the proceedings were not conducted as a summary trial, violating the provisions of the Code.
Point of law : Though as per section 16-A of the PFA all offence under section 16(1) are to be tried by the Magistrate of First Class so empowered summarily, departure from this procedure can be made....
Dishonour of cheque – When evidence of parties, in chief examination, cross-examination and re-examination (if any) were recorded in verbatim and was faithfully placed on record then for merely not r....
Procedural irregularities in trials under the Negotiable Instruments Act do not invalidate judgments unless they cause prejudice to the parties involved; trial integrity must prioritize substantive j....
The court affirmed that a retrial under the Negotiable Instruments Act is only justified in exceptional cases; the accused's failure to present a defense allows presumptions of debt and liability to ....
The main legal point established in the judgment is that the trial court's decision to try the complaint case as a summons case was justified based on the nature of the case and the possibility of a ....
In summary trials, the succeeding magistrate cannot rely on the evidence recorded by a predecessor, ensuring fair trial rights.
The main legal point established in the judgment is the prohibition against filing a second revision petition under the garb of Section 482 CrPC, as well as the need for expeditious disposal of cases....
Conviction under Section 138 of the Negotiable Instruments Act affirmed, emphasizing the necessity of due process in criminal trials and the validity of a Magistrate's authority.
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