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2021 (6) TMI 465 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - legally enforceable debt between the parties or not - HELD THAT:- The petitioner/accused has not raised any other grounds or addressed any other augments worth to be considered. On the other hand, as observed above, the admitted cheque at Exhibit P-1, of which the accused is the drawer has been dishonoured with the banker's share of 'insufficient funds' as could be seen in the banker's memo at Ex. P-2 and the debit slip at Ex. P-3. The copy of the legal notice at Exhibit P-4 has been admittedly served upon the accused which is further evidenced in the postal receipt and postal acknowledgement card at Exhibits P-5 and P-6 respectively. The reply sent by the accused as per Exhibit D-1 proves to be untenable and could not able to shaken the evidence of the complainant, both oral and documentary and even the evidence of DW-1 also, could not, in any way, succeed in introducing any doubt in the case of the complainant. It is appreciating the evidence placed before them properly, both the Trial Court and the learned Sessions Judge's Court have rightly held the accused guilty of the alleged offence and after convicting him, have awarded proportionate sentence for the proven guilt - there are no illegality, irregularity or impropriety, warranting interference in the impugned judgments of conviction and order on sentence passed by the Trial Court and confirmed by the learned Sessions Judge's Court. Criminal Revision Petition dismissed.
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