Sarojben Ashwinkumar Shah Etc. Vs. State Of Gujarat & Anr.
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Head Note
The Negotiable Instruments Act, 1881 - Section 141 , Section 138 , Indian Penal Code,1860 - Section 114 , Section 420 , The Code of Criminal Procedure, 1973 - Section 169 , Section 319 , Section 482
Complainant lent and advanced Rs. 5 lakhs - Firm through its partner - Acknowledged amount - Discharge of its liability- - Issued a cheques - Presented cheque for encashment - Dishonoured - "Account closed" - Statutory notice of 15 days - Firm and its two partners - Received - Failed and neglected to make payment - Instead reply - Denied - Financial transaction - Complaints lodged - Magistrate took cognizance - Complainant made - An application under Section 319 the Code - Joining appellant as Accused Nos. 4 and 5 - Averred Accused Nos. 2 and 3 -Submitted copy of registration of firm - Wherein proposed Accused No. 4 and 5 - Shown as partners - Magistrate directed - Appellant be joined as Accused - High Court maintained such direction - Appeals - Ambit and scope - Power of Court under Section 319 of Code - Basic requirements - Invoking - Above section - It should appear from evidence - During trial or inquiry - Some other person - Not arraigned as an accused - Committed an offence - Could be tried together - Accused already arraigned - Court must have reasonable satisfaction - Evidence already collected - Two aspects - First - Other person has committed an offence- Second - Other person be tried along with - Already arraigned accused - High Court - Failed - Consider - Power under Section 319 - Matter needs - Considered by High Court - Afresh - Appeals allowed - Impugned order set aside - Restored to original number - High Court hearing and reconsideration in accordance with law.
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