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M. K. THAKKER
Bhavsar Vinodkumar Babulal – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. overview of the case and factual context. (Para 1 , 2) |
| 2. trial court proceedings and evidence introduction. (Para 3 , 4) |
| 3. summary of the complainant's evidence and trial court's findings. (Para 5) |
| 4. arguments presented by complainant's counsel. (Para 6 , 7 , 8 , 9) |
| 5. determination of the legal enforceability of the debt. (Para 10 , 11) |
| 6. discussion on the enforceability of the debt and legality of transaction. (Para 12) |
| 7. analysis of legality based on contract law and n.i. act. (Para 13 , 14 , 15 , 16) |
| 8. final conclusion on the appeal against acquittal. (Para 17 , 19) |
| 9. final ruling upholding the acquittal. (Para 18) |
JUDGMENT :
M. K. Thakker, J.
1. This is an appeal filed by the appellant – original complainant under section-378 of the Code of Criminal Procedure challenging the judgment and order of acquittal dated 27.04.2023 below Exh.76 passed by the learned 4th Judicial Magistrate First Class, Mehsana in Criminal Case No.4545 of 2018, wherein, the learned trial Judge has acquitted the respondent – accused from the charges levelled against him under Section-138 of the N.I. Act.
2. It is the case of the complainant that the complainant is doing the business in the
An illegal contract voids any associated debt, thus a cheque issued under such a contract does not constitute a legally enforceable liability under Section 138 of the N.I. Act.
Appellate court should not interfere with acquittal under Section 138 NI Act based on reliable forensic evidence disproving accused's signature on cheque, as presumption under Sections 118 and 139 re....
An agreement that involves unlawful consideration is void ab initio, and no legally enforceable debt arises from it, which precludes the application of Sec. 138 of the N.I. Act.
(1) Dishonour of cheque – Where complainant’s case is based on a specific claim that money was given for securing a TNSTC job and cheque was issued to repay this amount, there is no legally enforceab....
The presumption of a legally enforceable debt is rebuttable and the prosecution must prove its case beyond reasonable doubt, which was not met in this instance.
The issuance of a cheque signifies a legally enforceable debt under Section 138 of the N.I. Act, and the burden to prove otherwise lies with the accused, not the complainant.
Court will refuse to enforce an illegal agreement at instance of a person who is itself party to an illegality or fraud.
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