Back
HIGH COURT OF GUJARAT
HDS
MAHESHKUMAR CHAMANLAL MATHRANI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
ORDER IN CRIMINAL MISC. APPLICATION NO.2 OF 2025
1. Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent State.
2. By way of this application under Section 438 read with Section 442 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”), the applicant has prayed for quashing and setting aside the judgment and order dated 17.05.2023 passed by the learned Judicial Magistrate First Class, Palanpur District Banaskantha, in Criminal Case No. 1095/2018, 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 one year and also directed to pay the cheque amount i.e. Rs.2,85,600/- towards compensation to the original complainant within 30 days and in default of payment of compensation further SI for a period of three months, as well as order dated 12.12.2024 by which learned 3rd Addl. Sessions Judge, Palanpur District Banaskantha, dismissed Criminal Appeal No.206/2023 and confirmed the judgment and order of conviction of learned JMFC. Hence, this Revision Application is filed.
3. Learned advocate for the app
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 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 prosecution must prove its case beyond a reasonable doubt; if evidence is insufficient, the benefit of doubt favors the accused.
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 complainant must prove the existence of a legally enforceable debt for conviction under Section 138 of the N.I. Act, and the applicants successfully rebutted the presumption of guilt.
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 court emphasized that a conviction in a criminal case must be proven beyond reasonable doubt, not merely on preponderance of probabilities.
A compoundable offence under the Negotiable Instruments Act can be resolved amicably, allowing for the quashing of conviction upon settlement, subject to costs.
Compoundable offences under the Negotiable Instruments Act can be settled amicably, allowing for quashing of convictions upon resolution.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
