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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
Jaydeeo Vrujlal Deepani – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. complaint filed for cheque bounce (Para 1 , 2) |
| 2. details of cheque transaction (Para 3 , 4) |
| 3. applicant's argument for appeal (Para 5 , 7) |
| 4. respondent's argument against appeal (Para 6) |
| 5. court's view on applicant's absence (Para 8) |
| 6. court's emphasis on timely justice (Para 9) |
| 7. court's reasoning for dismissal (Para 10 , 11) |
| 8. application seeking leave to appeal (Para 12) |
ORDER :
1. The present leave to appeal is filed by the applicant – original complainant under Section 419 (4) of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) against the judgment and order dated 07.01.2025 passed by the learned Additional Chief Judicial Magistrate, Rajkot (herein after referred to as the “learned Trial Court”) in Criminal Case No. 9863 of 2023, whereby the learned Trial Court was pleased to dismiss the case for want of prosecution as the original complainant did not remain present under the provisions of Section 256(3) of the Cr.P.C. and the respondent No. 2 - original accused came to be acquitted from the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI Act”).
1.1 The respondent No 2 is hereinafter referred t
The court upheld the dismissal of a complaint for want of prosecution due to the complainant's repeated absences, emphasizing the need for timely justice and the prosecution's duty to appear.
Protracted delay in complaints under Section 138 of the N.I. Act constitutes abuse of process, violating the right to a speedy trial.
The court emphasized that cases should be decided on merits rather than technicalities, restoring the complaint for fresh adjudication after the trial Court's dismissal for non-appearance.
The dismissal of a complaint under Section 256 for non-appearance is improper if evidence is recorded, emphasizing the need for trial on merits to avoid undue acquittal.
The court emphasized that acquittal under Section 256 of the Code should not occur solely due to the complainant's absence when evidence is on record, highlighting the need for judicial discretion.
The court upheld the dismissal of a complaint for non-prosecution, emphasizing the need for timely justice and the consequences of a complainant's repeated absence.
The court emphasized that a dismissal under Section 256 requires full consideration of all evidence on record, and failure to do so justifies allowing an appeal.
Point of Law : Learned Court below committed no error or mistake while holding that there was no satisfactory explanation in condoning the delay of 350 days in lodging complaint.
Consent of the complainant is necessary for quashing conviction under Section 138 of the Negotiable Instruments Act, reaffirming its quasi-criminal nature and the court's duty to uphold procedural le....
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