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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DIVYESH A.JOSHI
Kuntalbhai Padamkumar Vyas – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. details of loan agreement and cheque dishonor. (Para 2 , 4 , 5) |
| 2. arguments regarding procedural irregularities. (Para 6 , 7 , 8) |
| 3. court's observation on mandatory inquiries under section 202 crpc. (Para 10 , 11) |
| 4. guidelines for conducting inquiries in ni act cases. (Para 12 , 13) |
| 5. conclusion quashing impugned order and remanding for inquiry. (Para 14 , 15) |
JUDGMENT :
DIVYESH A. JOSHI, J.
1. Rule. Learned APP, Mr. Manan Mehta for respondent no.1 – State of Gujarat and learned advocate, Mr. Digvijay Singh Bisht for learned advocate, Mr. Bhunesh Rupera for respondent no.2 – original complainant waive service of notice of rule.
2. By way of preferring present application under Articles 226 and 227 of the Constitution of India as well as under Section 482 of the Code of Criminal Procedure, 1973 (“CrPC” for short”), the applicant has prayed for quashment of impugned proceedings being Criminal Case No.1001/2015 and the order passed thereon by the learned Additional Chief Metropolitan Magistrate, Court No.35, Ahmedabad qua the applicant.
3. Heard learned advocate, Mr. Tatvdeep Jani for the applicant, learned APP Mr. Manan Mehta for the respondent no.1 – State of Gujarat a
An inquiry under Section 202 of the CrPC is mandatory before issuing summons to an accused residing outside the Magistrate's jurisdiction in cases under Section 138 of the NI Act.
The court established that the amendment to Section 202(1) of the Cr.P.C. requires an inquiry only when the accused resides outside the jurisdiction, but if sufficient grounds are evident from the re....
For summoning under Section 138 of the NI Act, recording of statements under Sections 200 and 202 Cr.P.C. is not required, and the evidence of the complainant may be given by affidavit as per Section....
Point of Law : Postponement of issue of process - The dictum is when Magistrate holds inquiry himself, it is not compulsory that he should examine The witnesses and in suitable cases Magistrate can e....
The Magistrate must conduct an inquiry under Section 202 Cr.P.C. before issuing process against accused residing outside jurisdiction to prevent harassment through false complaints.
The court established that the issuance of a cheque, even if post-dated or issued as security, can constitute a legally enforceable debt under Sec. 138 of the N.I. Act, and that the inquiry under Sec....
Issuance of summons without conducting inquiry under Section 202 of the Cr.P.C. is impermissible, making the cognizance under Section 138 of the N.I. Act unsustainable.
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