Search Results for "Dishonour of cheque"

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Gujarat High Court Modifies Sentence in Section 138 NI Act Conviction, Reduces Sentence to Period Already Undergone. Revisional Court Cannot Reappreciate Evidence Unless Perverse, But Sentence Can Be Modified in Interest of Justice.

The present judgment arises out of two criminal revision applications filed by the accused, Jamsinghbhai Laxmanbhai Makwana, challenging his convictio...

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Gujarat High Court Upholds Conviction Under Section 138 NI Act but Modifies Sentence to Fine in View of Full Deposit of Cheque Amount. Offence under Section 138 NI Act is quasi-criminal and compoundable; once entire cheque amount is deposited, sentence of imprisonment can be substituted with fine.

The applicant-accused was convicted by the learned 9th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.15001 of 2017 for the offenc...

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Gujarat High Court Dismisses Complainant's Revision in NI Act Case, Upholds Acquittal of Accused. Court holds that appellate court's reversal of conviction was based on proper appreciation of evidence and complainant's failure to prove legally enforceable debt.

The applicant, Jagrutiben Navinchandra Biscuitwala, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, against the r...

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Gujarat High Court Partly Allows Revision in NI Act Case, Modifies Sentence to Fine After Full Deposit of Cheque Amount. The Court held that once the cheque amount is deposited, the sentence of imprisonment can be substituted with fine under Section 138 of the Negotiable Instruments Act, 1881.

The applicant, Ushaben Jaykumar Bhaitya, was convicted by the JMFC, Dahod in Criminal Case No.1625 of 2014 for the offence under Section 138 of the Ne...

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Gujarat High Court Quashes FIR in Money Laundering and Cheating Case Due to Civil Nature of Dispute. Loan Transaction and Dishonour of Cheques Do Not Attract Sections 406, 420 IPC or Sections 5, 33(3), 42 of Prevention of Money Laundering Act, 2002.

The present application was filed by the applicants (accused No.2 and another) under Section 482 of the Code of Criminal Procedure, 1973, seeking quas...

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Gujarat High Court Upholds Conviction Under Section 138 NI Act but Reduces Sentence to Till Rising of Court and Enhances Compensation with Interest. Appellate Court's Modification of Sentence Upheld as Within Discretion.

The applicant, Shardaben Chandubhai Prajapati, proprietor of C.G. Chemicals, filed criminal revision applications under Section 397 read with Section ...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Evidence of Debt or Liability. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails as the cheques were not issued for discharge of any legally enforceable debt.

The applicants, eleven individuals, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No....