HIGH COURT OF GUJARAT
HDS
VASANTBHAI RAMESHBHAI VADODARIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
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 04.08.2018 passed by the learned Additional Chief Judicial Magistrate, Rajkot, in Criminal Case No.4258/2016, 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.6,00,000/- towards compensation to the original complainant, in default to pay, to undergo further SI for one yearl, as well as order dated 09.01.2025 by which learned Additional Sessions Judge, Rajkot, dismissed Criminal Appeal No.77/2019 and confirmed the judgment and order of conviction passed by the learned trial Court. Hence, this Revision Application is filed.
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 recor
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 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 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 prosecution must prove its case beyond a reasonable doubt; if evidence is insufficient, the benefit of doubt favors the accused.
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 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, 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.
Bail granted based on time served and nature of injuries, with conditions to ensure compliance with law.
Compoundable offences under the Negotiable Instruments Act can be settled amicably, allowing for quashing of convictions upon resolution.
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