Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1881 Negotiable Instruments Act Section 138 r/w Section 143 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Negotiable Instruments Act, 1881:s.138 rlw s.143 - Acquittal by Magistrate - High Court remanding the cases to Magistrate for de novo trial, as evidence was recorded by one Magistrate and conviction was recorded by his successor-A case u/s 138 of N.I. Act, which requires to be tried in a summary way as contemplated uls 143 of the Act, when in fact, was tried as regular summons case it would not come within the purview of s.326 (3) of the Code and, as such, it need not be heard de novo and the succeeding Magistrate can follow the procedure contemplated u/s 326 (1) of the Code- In the cases on hand, without strong, cogent, unimpeachable evidence on record that cases were tried 'summarily' but not as regular trial, High Court gravely erred in remanding them to trial court for a de novo trial - Impugned judgments of High Court are set aside and matters remanded to it for consideration on merits.Code of Criminal Procedure, 1973:s.326(3) of the Code, rlw s.143 of NI Act- De novo trial in cases arising out of s. 138, NI Act - A de novo trial should be the last resort and that too only when such a course becomes so desperately indispensable - It should be limited to the extreme exigency to avert "a failure of justice" - Any omission or even illegality in the procedure which does not affect the core of the case is not a ground for ordering a de novo trial - The ratio in Nitinbhai must not be followed mechanically to remand matters to trial courts for de novo trial - There should be proper application of judicial mind and evidence on record must be thoroughly perused before arriving at any conclusion with regard to mode of trial - Directions issued for courts seized off with similar cases - B Administration of criminal justice.Administration of justiceCriminal justice - 'Speedy trial' and 'fair trial' - Explained. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2014 INSC 732 |
Petitioner | J.v. Baharuni & Anr. |
Respondent | State Of Gujarat & Anr. |
SCR | [2014] 10 S.C.R. 1061 |
Judgement Date | 2014-10-16 |
Case Number | 2221 |
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