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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
Kunal Kiritbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
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 Rs.6,00,000/- in cash in parts and in all an amount of Rs.15,00,000/-was given. The respondent No. 2 returned an amount of Rs.3,00,000/- and towards the outstanding amount of Rs.12,00,000/- issued cheque No. “039591’ dated 15-11-2022 from his account with IDBI Bank Bodeli Branch. The cheque was deposited by the applicant in his account with the Kalupur Commerc
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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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