Supreme Court · 2008 INSC 543 · Decided 29 April 2008
S. Rama Krishna v. S. Rami Reddy (D) BY His LRS. & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 543 · [2008] 6 S.C.R. 1236
- Case number
- CRIMINAL APPEAL No. 755/2008
- Decided
- 29 April 2008
- Bench
- S.B. SINHA, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 256, 378, 256(1); Constitution Article 21; NI Act Section 138, 142
Headnote
•( Code of Criminal Procedure, 1973 - ss. 256 and 378 - Criminal proceedings for dishonour of cheque - Acquittal of c accused by magistrate in view of absence of the complainant in the proceedings for a long period - High Court setting aside acquittal - On appeal, held: Magistrate had rightly in exercise of its discretionary jurisdiction - High Court was not right in interfering therewith in exercise of its D jurisdiction uls 378 - Speedy trial is fundamental right of the accused - Orders passed by competent court of law and the provisions of Cr.PC. must be construed having regard to
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