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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
Kunal Kiritbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. overview of application seeking leave to appeal. (Para 1 , 2) |
| 2. arguments regarding consent for compounding under ni act. (Para 3 , 4 , 5) |
| 3. court's observations on the proceedings and case facts. (Para 6 , 8) |
| 4. guidelines for compounding and expediting cheque bounce cases. (Para 7) |
| 5. rejection of the application for leave to appeal. (Para 9) |
ORDER :
S.V. Pinto, J.
1. The applicant has filed the present application seeking leave to appeal under Section 419(4) of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) against the judgment and order passed by the learned Additional Sessions Judge, Vadodara in Criminal Appeal No. 578 of 2024, whereby, the learned Sessions Judge, Junagadh has set aside the allowed the appeal of the respondent No. 2 and remanded the matter back to the leaned Trial Court.
2. The brief facts of the present appeal are as under;-
2.1 The applicant and the respondent No. 2 were known to each other and the respondent No. 2 was in need of some finance to start business of sand and requested for loan of Rs.15,00,000/- from the applicant. The applicant gave an amount of Rs.9,00,000/- by transfer in the account of the accused and an amount of
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....
(1) Dishonour of cheque – Any violation of Section 269SS of Income Tax Act, 1961 would not render transaction unenforceable under Section 138 of NI Act.(2) Dishonour of cheque – When statutory notice....
Protracted delay in complaints under Section 138 of the N.I. Act constitutes abuse of process, violating the right to a speedy trial.
Generally the powers available under Section 482 of the Code would not have been exercised when a statutory remedy under the law is available, however considering the peculiar set of facts and circum....
(1) Offence of dishonour of cheque is fully compoundable.(2) Generally, powers available under Section 482 of Cr.P.C. would not be exercised when a statutory remedy under law is available.
Point of law: Dishonour of Cheque – Compounding of offence on payment
The compounding of the offence under Section 138 N.I. Act is permissible without the consent of the complainant if the accused has been duly compensated, and the Court can use its inherent powers und....
The main legal point established in the judgment is that the accused's failure to adhere to the terms of settlement amounted to playing fraud on the Court, leading to the unravelling of the settlemen....
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