Supreme Court · 2014 INSC 732 · Decided 16 October 2014

J.V. Baharuni & ANR. v. State of Gujarat & ANR.

Court
Supreme Court of India
Citation
2014 INSC 732 · [2014] 10 S.C.R. 1061
Case number
CRIMINAL APPEAL No. 2221/2014
Decided
16 October 2014
Bench
RANJANA PRAKASH DESAI, N.V. RAMANA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 262to265; NI Act Section 138, 143

Headnote

106·1 J.V. BAHARUNI & ANR. v. STATE OF GUJARAT & ANR. (Criminal Appeal No. 2221 of 2014) OCTOBER 16, 2014 [RANJANA PRAKASH DESAI AND N.V. RAMANA, JJ.) Negotiable Instruments Act, 1881: A B s.138 rlw s.143 - Acquittal by Magistrate - High Court c remanding the cases to Magistrate uls 143 of the Act, when in fact, was tried as regular summons 0 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,

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