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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
AMIT R. DULANI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
[1.0] RULE. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of notice of Rule on behalf of the respective respondents.
[2.0] Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and original complainant has been resolved amicably, this application is taken up for final disposal forthwith as alleged offence is bailable and compoundable.
[3.0] By way of this application under Section 397 (section 438 of BNSS) read with Section 401 (section 442 of BNSS) of the Code of Criminal Procedure, 1973 (for short “CrPC”), the applicant has prayed for quashing and setting aside the order dated 27.04.2023 passed by the learned Additional Chief Metropolitan Magistrate, Ahmedabad, in Criminal Case No.63628/2018, whereby the Trial Court has been pleased to hold the applicant guilty for the offence punishable under Section 138 of N.I. Act and sentenced to undergo SI of 1 year and also directed to pay Rs.1,40,000/- as compensation. The said order was assailed b
A compoundable offence under the Negotiable Instruments Act can be resolved amicably, allowing for the quashing of conviction upon settlement, subject to costs.
The court quashed the conviction under Section 138 of the N.I. Act due to the amicable resolution of the dispute, emphasizing the compoundable nature of the offence.
Compoundable offences under the Negotiable Instruments Act can be settled amicably, allowing for quashing of convictions upon resolution.
The conviction under Section 138 of the N.I. Act was erroneous as the complainant failed to prove a legally enforceable debt, warranting interim relief for the applicants.
The court held that the failure of the complainant to prove a legally enforceable debt justified the suspension of the applicant's sentence pending revision.
The court emphasized the necessity for the complainant to prove a legally enforceable debt under the N.I. Act, allowing interim relief and bail pending revision.
The court emphasized the necessity for the complainant to prove a legally enforceable debt in dishonor of cheque cases, allowing bail pending revision due to insufficient evidence.
The court emphasized the necessity for the complainant to prove a legally enforceable debt in dishonor of cheque cases, granting interim relief due to insufficient evidence.
The prosecution must prove its case beyond a reasonable doubt; if evidence is insufficient, the benefit of doubt favors the accused.
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