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2018 (10) TMI 1213 - HC - Indian LawsDishonor of Cheque - Section 138 of The Negotiable Instruments Act - rebuttal of presumption u/s 139 of Negotiable Instruments Act - Held that:- It appears that both the trial Judge as well as the Appellate Judge has committed an error in pronouncing the Judgment as against one accused whereas there was two accused arrayed in the complaint filed by the complainant. I am saddened to note that even the Additional Session Judge, while dealing with the Criminal Appeal, did not notice the error committed by the trial Judge and he affirmed the Judgment of conviction passed by the trial Judge, as it is. In this connection, it has to be stated under the Code of Criminal Procedure that certain procedures have been prescribed and they have to be followed while imposing sentence of imprisonment by the Metropolitan Magistrate Court or Criminal Court to any person. In the instance case, while the second accused was not shown in the Judgment it is not known as to how the second accused could be imposed with a sentence of six months by the Trial Magistrate. Even prior to the quantum of sentence passed both the Trial Court and the Lower Appellate Court they have proceeded as if there is only one accused. Yet another issue is that, the Appellate Court had treated the appeal as if one year sentence was awarded by the Trial Magistrate, while it is only six months and furthermore, here confirmed the sentence for one year, which is bad in law. Revision allowed.
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