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2022 (1) TMI 1008 - CHHATTISGARH HIGH COURTDishonor of Cheque - existence of legally enforceable debt or not - contradictions between the pleadings in the complaint and statement of the complainant before the trial Court - HELD THAT:- This Court finds no substance in the defence raised by the petitioner that the cheque in question was in fact stolen by someone and misused by the complainant as no any report or complaint was made by the petitioner to the police regarding commission of theft of the said cheque or against the complainant for misuse of the cheque. Further, there is no contradiction in the pleadings of the complainant and his evidence before the trial Court as in the complaint he has clearly stated that the petitioner obtained a sum of ₹ 7,00,000/- from him in lieu of sale of his residential plot in favour of the complainant as he was in need of money for commercial purposes and that he issued the said cheque of ₹ 4,50,000/- in his favour. Before the trial Court, he has reiterated the same facts and proved the same by leading documentary evidence. This Court is of the opinion that the Courts below were justified in holding the petitioner guilty under Section 138 of the N.I. Act. As looking to the age of the petitioner and the fact that he has no criminal antecedent, the Appellate Court has already taken a lenient view by reducing his imprisonment from three months to till rising of the Court by directing him to pay compensation of ₹ 5,50,000/- to the complainant in place of payment of fine ₹ 4,70,000/-, no interference is required with the sentence part as well. Revision petition dismissed.
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