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2022 (1) TMI 1008 - HC - Indian LawsDishonor 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.
Issues:
Challenge to judgment modifying sentence under Section 138 of the Negotiable Instruments Act. Analysis: The revision petition challenged the judgment modifying the sentence under Section 138 of the Negotiable Instruments Act. The petitioner issued a cheque to the complainant, which was dishonored due to insufficient funds. The complainant filed a complaint under Section 138 of the N.I. Act. The petitioner claimed the cheque was stolen and misused, but no police report was filed. The complainant provided documentary evidence supporting his claim, and the trial Court found the petitioner guilty. The petitioner's defense was rejected, and the trial Court's judgment was upheld. The petitioner argued that the complainant misused the stolen cheque and did not provide evidence of payment. The complainant proved the issuance and dishonor of the cheque with documentary evidence. The Court found no merit in the petitioner's defense of theft and misuse of the cheque. The complainant's statements and evidence were consistent, and no contradictions were found. The Court dismissed the petitioner's argument and upheld the lower Courts' decisions. The Court considered the lenient view taken by the Appellate Court due to the petitioner's age and lack of criminal record. The Appellate Court reduced the imprisonment sentence and directed the petitioner to pay compensation to the complainant. The Court found no reason to interfere with the sentence imposed by the lower Courts. The judgment relied upon by the petitioner was deemed irrelevant to the present case. Consequently, the revision petition was dismissed for lack of substance at the admission stage. In conclusion, the Court upheld the lower Courts' decisions, finding the petitioner guilty under Section 138 of the N.I. Act. The petitioner's defense of theft and misuse of the cheque was rejected, and the sentence modification by the Appellate Court was deemed appropriate. The revision petition was dismissed, affirming the judgment modifying the sentence under Section 138 of the Negotiable Instruments Act.
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