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HIGH COURT OF GUJARAT
HDS
VITTHALBHAI SOMABHAI MEGHA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. 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 10.02.2023 passed by the learned Judicial Magistrate First Class, Ahmedabad in Criminal Case No.387 of 2022, whereby the Trial Court has been pleased to held 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 Rs.10,000/- fine and to pay original Cheque amount of Rs.1,67,690/- as a compensation to the original complainant, as well as order dated 18.02.2025 by which learned 6th Additional Sessions Judge, Nadiad dismissed Criminal Appeal No.75 of 2023 and confirmed the judgment and order of conviction dated 27.10.2023 of learned trial Court. Hence, this Revision Application is filed.
2. Heard learned advocate for the applicant.
3. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application and submitted that, the both the courts below have erred in recording conviction though the complainant failed to prove his
The court ruled that the complainant must prove a legally enforceable debt for a conviction under Section 138 of the N.I. Act, and granted interim relief by suspending the sentence pending revision.
The conviction under Section 138 of the N.I. Act was overturned due to the complainant's failure to prove a legally enforceable debt.
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 the necessity for the complainant to prove a legally enforceable debt under the N.I. Act, allowing interim relief and bail pending revision.
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