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MEENAKSHI I. MEHTA
Subhash Chand Sharma – Appellant
Versus
Sanjay Thakran – Respondent
JUDGMENT
Meenakshi I. Mehta, J. - By way of the instant petition, the petitioner has invoked the jurisdiction of this Court under Section 482 Cr.P.C for seeking the quashing of the order dated 05.02.2020 (Annexure P-1) passed by learned Judicial Magistrate 1st Class, Gurugram (for short 'the trial Court') in NACT/1290/2014 dated 03.03.2014 titled as"Sanjay Thakran vs. Subhash Chand Sharma " whereby the said complaint case has been ordered to be tried as summons case and also of the judgment dated 04.10.2021 (Annexure P-2) passed by learned Additional Sessions Judge, Gurugram, (for short 'the Revisional Court') dismissing the Criminal Revision as preferred by him (petitioner) to assail the order Annexure P-1.
2. As per the brief factual-matrix culminating in the filing of the present petition, the respondent-complainant (for short 'the complainant') filed the above-said Criminal Complaint case against the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the NIAct') with the allegation qua the dishonour of the cheque worth Rs.1,42,00,000/- as issued by him (petitioner). After recording the preliminary evidence, the trial Court summoned the petitioner. Th
The main legal point established in the judgment is that the trial court's decision to try the complaint case as a summons case was justified based on the nature of the case and the possibility of a ....
Procedural irregularities in trials under the Negotiable Instruments Act do not invalidate judgments unless they cause prejudice to the parties involved; trial integrity must prioritize substantive j....
Point of Law : Remitting matter for a de-novo trial should be exercised as a last resort and should be used sparingly when there is grave miscarriage of justice in light of illegality, irregularity,....
Accused must show willingness to pay interest and costs to be considered for discharge under Section 138 of the NI Act.
Dishonour of cheque – When evidence of parties, in chief examination, cross-examination and re-examination (if any) were recorded in verbatim and was faithfully placed on record then for merely not r....
Point of law : Though as per section 16-A of the PFA all offence under section 16(1) are to be tried by the Magistrate of First Class so empowered summarily, departure from this procedure can be made....
The main legal point established in the judgment is the limitation on the court's power to recall the process and the necessity of complying with statutory provisions in the issuance of process under....
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