Search Results for "Section 138 NI Act"

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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 Revision Against Acquittal in Cheque Dishonour Case Due to Non-Prosecution. Complainant's Failure to Appear Leads to Acquittal Under Section 138 of Negotiable Instruments Act, 1881.

The applicant, Ketan Jayantilal Thakkar, was the original accused in Criminal Case Nos. 4380 of 2006 and 5537 of 2006 under Section 138 of the Negotia...

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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 Dismisses Revision Against Rejection of Discharge in Cheque Dishonour Case — Prima Facie Case Made Out Under Section 138 NI Act. No Interference Warranted as Magistrate's Order Based on Material Evidence.

The present criminal revision application was filed by Yogesh Premjibhai Suvariya and another (the petitioners/accused) challenging the order dated 08...

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Gujarat High Court Dismisses Revision Against Conviction Under Section 138 NI Act Despite Deposit of Cheque Amount. Revisional Court Cannot Re-analyse Evidence in Absence of Perversity; Concurrent Findings Upheld.

The applicant-accused was convicted under Section 138 of the Negotiable Instruments Act, 1881 by the learned 10th Additional Chief Judicial Magistrate...

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Gujarat High Court Allows Conversion of Non-Bailable Warrant to Bailable Warrant in Section 138 NI Act Case Due to Petitioner's Absence Caused by Other Litigation. Court holds that issuance of NBW without prior bailable warrant was disproportionate and violative of principles of criminal procedure.

The petitioner was prosecuted under Section 138 of the Negotiable Instruments Act, 1881 in Criminal Case No. 1145 of 2024 before the Additional Civil ...