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Judgment
B.N. Karia, J
The applicant has challenged the impugned judgment and order dated 14th September 2018 passed by the learned Additional Chief Metropolitan Magistrate, Negotiable Instruments Court No. 35, Ahmedabad in Criminal Case No. 1546 of 2014 as well as judgment and order dated 30th November 2019 passed by the learned Additional Sessions Judge, City Sessions Court No. 10, Ahmedabad City in Criminal Appeal No. 577 of 2018.
Heard learned advocate for the applicant.
It was submitted by learned advocate for the applicant that impugned judgments and orders passed by the trial Court and confirmed by the Sessions Court are contrary to to the facts and evidence on record. That, in fact there was no legal dues established by the complainant and the cheque was returned due to stop payment by account holder and not for sufficient balance. That, trial Court has failed to appreciate that the cheques were not issued for the purpose of discharging legal debts. That, essential ingredients for the purpose of committing offence punishable under Section 138 of the NI Act were not proved beyond reasonable doubts. That, applicant is suffering from cancer and at present, her treatment is going on. That however there was no financial capacity of the applicant to pay the cheque amount, she has managed to deposit Rs. 50,000/- before the registry of this Court on 21st January 2020 and she shall deposit further amount of Rs. 50,000/- within a period of seven days.
Issue requires for consideration.
Rule returnable on 19.02.2020. Learned APP waives service of notice of rule for and on behalf of the applicant.
(B.N. KARIA, J) K. S. DARJI
TAKE NOTICE that the High Court has determined to hear the said CRIMINAL REVISION APPLICATION on 19/02/2020. You are therefore directed to appear in person, or by advocate in this court on this day or thereafter from day to day, until disposal of the said CRIMINAL REVISION APPLICATION to show cause as to why it should not be ADMITTED or such other orders to be made as the High Court may deem fit. Should you fail to appear in person or by advocate, the court will hear the said CRIMINAL REVISION APPLICATION ex-parte.
Witness VIKRAM NATH, Esquire the CHIEF JUSTICE at Ahmedabad aforesaid this 22nd day of January, 2020