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HASMUKH D. SUTHAR
BHADHRESHBHAI BABULAL VAJA – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
HASMUKH D. SUTHAR, J.
1. By way of present petition under Articles 14, 21, 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed for the following reliefs:
2. It is the case of the petitioners that the parents of the petitioners were original accused in Criminal Case No. 2629/2008 filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “NI Act”) filed by respondent Nos.2 and 3 herein-original complainants before the Court of learned 4th Additional Chief Judicial Magistrate, Bhavnagar on 02.05.2008. After recording the evidence, the learned M
Legal heirs of a convicted individual can be held liable for compensation awarded, even after the original accused's appeal is abated, under Sections 421 and 431 of the Cr.P.C.
Legal representatives are not personally liable for compensation, but inherited property can be pursued for recovery post-abatement of appeal.
The main legal point established in the judgment is that in cases of conviction under Section 138 of the Negotiable Instruments Act, unless there are special circumstances, fine up to twice the chequ....
Legal heirs of a deceased convict are liable for compensation awarded in criminal cases, and appeals do not abate upon the death of the accused regarding compensation.
(1) Reasons – Reasons are obvious inasmuch as if a cheque gets dishonored, the payee will suffer hardship in meeting his financial commitments. (2) Object and Reasons – The prime object of enacting t....
Dishonour of cheque – Fine and compensation seeks to achieve same purpose.
(1) Reasons – Reasons are obvious inasmuch as if a cheque gets dishonored, the payee will suffer hardship in meeting his financial commitments. (2) Object and Reasons – The prime object of enacting t....
Compensation under Section 357(3) of CrPC must be reasonable and not exceed the actual loss suffered, aligning with the cheque amount in dishonor cases.
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