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2021 (11) TMI 548 - HC - Indian LawsDishonor of cheque - insufficiency of funds - Legally enforceable debt or not - compounding of offence - HELD THAT:- On going through the cross-examination of D.W. 2, it appears that nothing was suggested on the side of the accused, particularly, about the issuance of the said cheque. In the absence of particular entry in the related document, this Court cannot conclude the case that the alleged cheque was obtained from the petitioner by coercion. Therefore, the stand taken by the accused that the cheque pertains to the case has been obtained in the respondent Police Station, has not been proved by way of examining D.W. 2. On scrutinizing the said witness with the other facts, it is seen that both the petitioner and the respondent are residing in Musiri, which is situated near to Trichy. All are aware the travel time between Trichy and Musiri is about one hour. Therefore, in the said circumstances, it is possible for the accused that after availing loan in the morning hours, he travelled to Trichy and attended duty at 11.15 a.m. Therefore, the evidence given by D.W. 1 to D.W. 3 may be in support of the defence taken by the accused, in order to substantiate the said evidence, the documents relied on by him are not sufficient to hold that the stand taken by the revision petitioner is genuine one. Once the signature found in the cheque is admitted, the trial Court ought to have presumed that the cheque was issued for legally enforceable debt. Without seeing any perversity or gross injustice in the judgments rendered by the trial Court and the first appellate Court, this Court cannot interfere with the findings rendered by the Courts below - Since the prosecution under Section 138 of the Negotiable Instruments Act is quasi civil in nature, the Parliament has thought it fit to permit compounding of the offence under Section 147 of the Negotiable Instruments Act. Instead of sending the accused to prison, this Court is of the view that if the accused deposits ₹ 8,00,000/- towards the cheque amount and another sum of ₹ 1,10,500/- as compensation and costs to the credit of C.C. No. 175 of 2013, before the Judicial Magistrate Court, Musiri, on or before 03.01.2022, the Magistrate shall disburse the amount to the complainant if he is alive or to his legal heirs and compound the offence. If the amount of ₹ 9,10,500/- is not deposited on or before 03.01.2022, the trial Court shall issue warrant of commitment for the accused to undergo the sentence imposed upon him - application disposed off.
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