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2022 (6) TMI 1129 - KARNATAKA HIGH COURTDishonor of Cheque - insufficiency of funds - rebuttal of presumption - Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- It cannot be ignored of the fact that the learned counsel for the petitioner does not dispute the judgment of conviction but his grievance is only about the quantum of sentence, as such also, the impugned judgments of conviction under revision does not warrant any interference at the hands of this court so far as the conviction of the accused for the offence punishable under Section 138 of the N.I. Act, is concerned. Though the accused has attempted to rebut the presumption formed in favour of the complainant and in which process, he has entered witness box and produced certain documents, however, he could not successfully rebut the presumption. In view of the facts and circumstances of the case, the quantum of the fine amount which is very much nearer to the double of the cheque amount, is very much on the higher side, as such, only in reducing the sentence, particularly the quantum of the fine amount, the interference at the hands of this court is warranted. The Criminal Revision Petition stands allowed in part, though does not warrant any interference and as it stands confirmed, however, the order on sentence passed by the Trial Court which was further confirmed by the Sessions Judge's Court, stands modified. The sentencing of imposing a fine of Rs. 1,80,000/- is reduced to a sum of Rs. 1,20,000/-, in which a sum of Rs. 10,000/- is ordered to be paid to the State, and remaining amount to be deposited in the Trial Court which amount shall be released in favour of complainant as compensation under Section 357 of Cr.P.C. and in accordance with law.
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