In a recent legal development, the court made a crucial decision to transfer multiple related legal proceedings to a single court for consolidated judgment. This step aims to avoid contradictory decisions and ensure uniformity in the resolution of the legal issues at hand. The decision showcases the court’s meticulous legal analysis and commitment to delivering fair and consistent outcomes in complex legal matters.
Facts
- The appeal is against the High Court’s order dismissing the petition to quash FIR No. 3 of 2007.
- Appellants alleged respondent issued a dishonored cheque, while respondent claimed cheques were misplaced and misused.
- Respondent lodged FIR based on the cheque dishonor, and appellant filed a private criminal case in Surat.
- High Court dismissed appellants’ petition under Section 482 of the Code, leading to respondent filing a complaint against appellants for various offenses in Criminal Case No. 9490 of 2008.
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Analysis
- The issue in both complaints is related to cheque No. 567889 from the Company where respondent No 2 is an officer.
- Appellants are facing prosecution for offences as mentioned in the FIR, including under Section 138 of the NI Act.
- Appellants allege receiving the cheque due to non-issuance of shares, while respondent No. 2 claims the cheque, along with others, was used fraudulently.
- Appellant’s complaint under Section 138 of the NI Act predates respondent No. 2’s complaint by more than two years.
- No appearance was made on behalf of respondent No. 2 in the proceedings despite being served.
- The cheque in question was issued due to the inability to issue shares and was payable after a delay.
- In cases where the issue revolves around the same cheque, it is beneficial to transfer proceedings to the same court where related complaints are pending.
- This transfer helps in avoiding contradictory judgements and ensures a uniform decision on the complaint filed by the appellants and the FIR alleged by respondent No 2.
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Decision
- The appeal is disposed of with the direction to transfer proceedings from FIR No 3 of 2007 PS Mehsana to the Court of Judicial Magistrate, Surat.
- The transfer is made to facilitate common issues in Complaint No 33537 of 2006 pending at Surat.
- Both parties must appear before the Court of Judicial Magistrate at Surat on 16th March 2020 for further proceedings.
- Both cases will be heard and decided together.
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Case Title: SHRI PARESHBHAI AMRUTLAL PATEL Vs. THE STATE OF GUJARAT (2020 INSC 231)
Case Number: Crl.A. No.-000317-000317 / 2020
