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2015 (2) TMI 1066 - MADRAS HIGH COURTCheque dishonored - compliant under Section 138 r.w.s 142 of the Negotiable Instruments Act, 1881 as amended by Act 68 of 1988 and 55 of 2002 read with Section 200 Cr.P.C. - cheque in question got dishonoured, a statutory notice was sent by the respondent/complainant, for which, the revision petitioner/accused did not send any reply - Held that:- It is well settled position of law that a case under Section 138 of the Negotiable Instruments Act, is to be decided on preponderance of probabilities and in the considered opinion of this Court, the defence projected by the revision petitioner/accused, in the present facts and circumstances of the case, would not appear to be probable. Both the Courts below recorded the concurrent findings that the revision petitioner/accused has committed the offence under Section 138 of the Negotiable Instruments Act and in the absence of any infirmity or perversity in the findings recorded by the Courts below, this Court, in exercise of it's revisional power, cannot interfere with the same. In the result, this Criminal Revision Case is dismissed, confirming the conviction recorded by trial Court, as confirmed by the lower appellate Court. However, taking into consideration the fact that the revision petitioner/accused is employed as a Conductor in the services of the Tamil Nadu State Transport Corporation, is inclined to reduce the sentence from one year rigorous imprisonment to three months rigorous imprisonment. Accordingly, the sentence of imprisonment of one year rigorous imprisonment is reduced to three months rigorous imprisonment and the sentence of imposition of fine with default sentence is maintained. Consequently, the connected miscellaneous petitions are dismissed.
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