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2021 (3) TMI 285 - HC - Indian LawsDishonor of Cheque - applicant preferred this revision on the ground that learned trial Court did not consider the provisions of Section 138 of NI Act in proper perspective. It is a compensatory aspect rather than preventive - offence of civil nature - HELD THAT:- After going through all the orders passed by Hon’ble the Apex Court, this Court, appellate Court and by the trial Court, it is reflected that the applicant was released on bail and his jail sentence was suspended by this Court due to widespread of Covid-19 pandemic. The applicant was having an opportunity to renew the bank draft but despite the orders passed by this Court and by Hon’ble the Apex Court, the applicant did not obey the directions. It reveals that the conduct of the applicant is not bonafide for the payment of compensation and he breached the faith of commercial transaction for which NI Act was enacted. This Court does not find any cogent reason to reduce the sentence of one year’s rigorous imprisonment to the period already undergone by the applicant - It is pertinent to mention here that the applicant’s jail sentence was suspended only for a limited period but the applicant after being released on bail, not surrendered before the trial Court within prescribed time after lapse of period of temporary bail - This is also not a good conduct of the applicant, which has to be taken into consideration. In such circumstances, this Court is of the firm view that the applicant is not entitled for reduction of sentence awarded to him. This criminal revision is partly allowed - Only sentence of fine of ₹ 10,000/- for each four counts is set aside and remaining other sentences imposed by the appellate Court is affirmed - Since the applicant is not in jail at present, the applicant is directed to surrender before the trial Court within 15 days from the date of this order to undergo the remaining part of jail sentence.
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