This is an oral order granting leave to appeal where the High Court held that the trial court failed to appreciate the punitive and compensatory nature of Section 138 of the Negotiable Instruments Act, 1881.
Leave to appeal is granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/8702/2022 ORDER DATED: 07/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8702 of 2022 In R/CRIMINAL APPEAL NO. 963 of 2022
==========================================================
NITINKUMAR MAGANLAL VARIYA
Versus STATE OF GUJARAT
==========================================================
Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1 for the Respondent(s) No. 2 MR HARDIK MEHTA, APP for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MS. JUSTICE GITA GOPI
Date : 07/12/2022
ORAL ORDER
Mr. Soni, learned advocate for the
applicant submits that the learned Trial
Court Judge had failed to understand the
object of the provision of Section 138 of the
Negotiable Instruments Act, 1881, where it is
both punitive and compensatory and the
proceedings under Section 138 could not be
treated as Civil Suit. The scheme of the
provision provides for punishment with
imprisonment or with fine which could extend
to twice the amount of cheque or to both. Mr.
Soni submits that the learned Trial Court
Page 1 of 2
R/CR.MA/8702/2022 ORDER DATED: 07/12/2022
Judge should have considered this object and
should have appreciated the case in context
of the object of the Act rather than
rejecting the complaint on technical grounds.
Considering the submissions made, leave
to appeal is granted.
(GITA GOPI,J)
Maulik
Page 2 of 2
3 issues framed by the court
Whether the trial court correctly understood the punitive and compensatory object of Section 138 of the Negotiable Instruments Act, 1881.
Whether proceedings under Section 138 should be treated as a civil suit or involve punitive elements.
Whether to grant leave to appeal against the rejection of complaint on technical grounds.
1 provisions across 1 enactments
NITINKUMAR MAGANLAL VARIYA
STATE OF GUJARAT
GITA GOPI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court