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.

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 6^th 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 case. Further, the learned Courts below failed to appreciate the evidence in its true perspective though the complainant failed to prove legally enforceable debt and the defense made by the complainant was not properly examined by the trial Court. There is serious allegations qua existence of legally enforceable debt. Further, the accused has rebutted presumption and complainant has failed to prove case against the applicant. It is submitted that offence is bailable and compoundable, therefore, the present application deserves consideration. Considering the aforesaid facts, the applicant has good case and arguable case. However, learned advocate for the applicant has submitted that the 20% amount has been deposited before the concerned Court/Sessions Court by his father, to show his bona fide, undertaking is filed and cash receipts are produced on record and now he is ready and willing to deposit remaining 80% amount i.e. an amount of Rs. 1,19,619/- with the concerned Court / learned Sessions Court, if the sentence imposed against the applicant is suspended pending the present criminal revision application.

4. Considering the aforesaid facts, subject to the applicant depositing remaining 80% i.e. an amount of Rs.1,19,619/- with the learned Sessions Court/concerned Court within one week from today, issue NOTICE making it returnable on 24.04.2025. Learned APP waives service of Notice for and on behalf of respondent No.1 – State of Gujarat. Private respondent to be served through concerned police Station.

5. Pending the present criminal revision application, interim relief in terms of paragraph No.8(C) is granted and sentence imposed upon the applicant vide impugned judgment and order dated 10.02.2023 passed by the learned Judicial Magistrate First Class, Ahmedabad in Criminal Case No.387 of 2022, as well as order dated 18.02.2025 by which learned 6^th Additional Sessions Judge, Nadiad dismissed Criminal Appeal No.75 of 2023 are suspended and the applicant shall be released on bail by executing a fresh bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the trial Court, on conditions that applicant:-

(a) shall not take undue advantage of liberty or misuse liberty;

(b) shall not leave India without prior permission of this Court.

(c) shall furnish the present address of his residence to the Court concerned at the time of execution of the bond and shall not change the residence without the prior permission of this Court.

(d) shall proceed with the Criminal Revision Application as and when listed and shall not prolong the hearing of the same.

(e) shall deposit remaining 80% amount i.e. an amount of Rs.1,19,619/- with the learned Sessions Court/ concerned Court within one week from today and the learned Court sha