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2021 (1) TMI 1182 - HC - Indian LawsDishonor of Cheque - existence of legally recoverable debt or not - mis-use of cheque - section 138 of NI Act - HELD THAT:- A mere denial that the cheque is not issued for legally recoverable debt would not be sufficient enough to hold that there was no legally recoverable debt on record. The materials on record has been properly considered by the learned Magistrate which was re-appreciated by the learned Principal District and Sessions Judge in the first appeal. In such circumstances, even after perusing the records and in the light of the arguments advanced on behalf of the Revision Petitioner, this court does not find any patent defect on record nor there is any error of jurisdiction or law which would entitle the accused to seek for interference by this court in this Revision Petition. The sentence passed by the learned Magistrate which is confirmed by the first Appellate Court in so far as the simple imprisonment is concerned is excessive as there is no reason assigned for awarding simple imprisonment. Since there is no fine amount ordered against the State, if Revision Petitioner in ordered to pay fine of ₹ 3,05,000/- for the offence punishable under Section 138 of the Negotiable Instruments Act and ordering sum of ₹ 5,000/- as fine to the State and maintaining the compensation amount payable to the complainant in a sum of ₹ 3,00,000/- would meet the ends of justice. The Revision Petition is allowed in part while maintaining the conviction for the offence punishable under Section 138 of the Negotiable Instruments Act, the Order passed by the learned Magistrate, which is confirmed by the first Appellate Court is hereby set aside.
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