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2019 (8) TMI 373 - HC - Indian LawsDishonor of cheque - cheques returned uncashed - insufficiency of funds - offence punishable under Section 138 of the N.I. Act - HELD THAT:- This Court finds that respondents No. 1 and 2 in spite of the orders of the learned trial Court, Appellate Court as well as by this Court and also by the Hon’ble Supreme Court, have not paid the cheques amount and flouted the order by putting the technical procedure hurdles and not obeying the order. This conduct shows that the respondents issued the cheques merely as device to fraud the complainant and this dishonored of the cheques caused incredible loss, injuries and inconvenience to the complainant and also reflected the credibility of the business transaction. This Court is of the view that the learned trial Court without assigning any reason reduced the sentence of imprisonment into the lowest one till rising of the Court, which does not seem to be warranted in this situation - the reduction of sentence without assigning any reason is not sustainable and deserved to be reconsidered. This Court is not found fit to reconsider the sentence at this stage, therefore, this case should be remitted back to the Appellate Court for reconsidering the sentence. Conviction under Section 138 of the N.I. Act is hereby affirmed and the order of sentence passed by the Appellate Court is hereby set aside - Learned Appellate Court is directed to restore the appeal to its original number and by assigning the cogent reasons reconsidered the appeal on the point of sentence - revision partly allowed.
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