MANOJ VASUDEV SOMPURA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition filed under Articles 226 and 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, the petitioner has prayed to quash and set aside the order dtd. 5/5/2023 passed by the Court of learned Addl. Chief Metropolitan Magistrate, Court No.34 (N.I.), Ahmedabad in Criminal Case No.1264 of 2014 whereby, the petitioner, original accused, has been convicted for the offence u/s. 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I. Act') and has been sentenced to undergo simple imprisonment for six months and to pay compensation of Rs.10.00 Crores along with interest at the rate of 09% per annum to the respondent-original complainant and in default to undergo further imprisonment for a period of three months.

(2.) The facts in brief are as under;

(3.) Learned advocate for the petitioner submitted that the trial proceedings before the Court below were conducted in an ex-parte manner. It was pointed out that except Sec. 299 of Cr.P.C., there is no provision for recording of evidence of the complainant in the absence of accused; however, in the present case, the evidence has been recorded in the absence of the petitioner. It was submitted that the petitioner was very much available during the trial and was never declared an absconder and therefore also, the evidence of the complainant could not have been recorded u/s.299 of Cr.P.C.