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2016 (2) TMI 1336 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - leading of evidence - cross-examination of witnesses - section 313 of the Cr.P. C. - HELD THAT:- It appears that if a person commits an offence under Section 138 of the NI Act, then the court has the power to punish him with imprisonment for a term which may extend to 2 years or with fine which may extend twice to the amount of the cheque or with both. In the instant case, the accused petitioner did not deny that he had issued the cheque of ₹ 4,50,000/- in favour of the complainant respondent and the said cheque was dishonoured for insufficiency of fund in his account. His only plea was that he had taken a loan of ₹ 5000/- from the complaint-respondent and repaid the same by signing a blank cheque. Now question arises, if the convict petitioner did not take any loan from the respondent complainant, then why he had issued the cheque for an amount of ₹ 4,50,000/-. It is also not the case of the petitioner that the complainant respondent did not comply with the statutory requirements before lodging the complaint. In the instant case, admittedly the cheque amount is ₹ 4,50,000/-. The learned trial Court found the convict petitioner guilty for the offence under Section 138 of the N.I. Act and sentenced him to suffer R.I. for six months and to pay a fine of ₹ 4,50,000/-, i.d. to suffer for further one month. The instant criminal revision petition is dismissed.
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