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MITALI THAKURIA
Ritesh Das, S/o Sri Sanjoy K Das – Appellant
Versus
State of Assam, Rep. By The PP – Respondent
JUDGMENT :
Heard Mr. A. M. Bora, learned Senior counsel assisted by Mr. B. Bhagawati, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent No.1 and Mr. A. K. Bhuyan, learned counsel for the private respondent No.2.
2. This is an application filed under Section 482 read with Section 401 of the Code of Criminal Procedure Code, 1973 challenging the impugned Order dated 04.02.2023 passed by the learned Judicial Magistrate, First Class, Kamrup (M) in C.R. Case No.3974/2019 instituted under Section 138 of the Negotiable Instruments Act, 1881 for dishonor of 8(eight) numbers of cheques before the learned Court of Chief Judicial Magistrate, Kamrup (M) on 04.10.2019.
3. The present petition is filed by the accused petitioner challenging the legality and validity of the impugned Order dated 04.02.2023 passed by the Court of learned JMFC, Kamrup (M) in C.R. Case No.3974/2019 instituted under Section 138 of N.I. Act, allowing the prayer of the respondent No.2/complainant to file additional evidence on affidavit when the case is pending at the state of cross-examination of the complainant as prosecution witness No.1/P.W.1 and a
Affidavits can be accepted as evidence in proceedings under Section 138 of the Negotiable Instruments Act, and a Magistrate is not required to provide detailed reasons when issuing process against an....
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....
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.
The court affirmed that timely prosecution and vigilance in asserting rights are crucial in cases under the Negotiable Instruments Act.
Dishonour of cheque – There is no necessity to recall and re-examine complainant after summoning of accused, unless Magistrate passes a specific order as to why complainant is to be recalled.
The main legal point established in the judgment is the accused's right to have a fair trial and the importance of conducting the trial expeditiously while preventing the accused from unnecessarily p....
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....
[The judgment establishes that an accused in a Sec. 138 N.I. Act case has an absolute right to cross-examine the complainant if a probable defense is disclosed, reinforcing the procedural safeguards ....
The central legal point established in the judgment is the admissibility of the accused's evidence on affidavit in a Section 138 proceeding under the Negotiable Instruments Act, 1881, and the nature ....
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