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2022 (2) TMI 130 - BOMBAY HIGH COURTDishonor of cheques - acquittal of accused - rebuttal of presumption - offence under Section 138 of the N.I. Act - HELD THAT:- In this case, the respondent chose not to examine himself. The defence witness (DW1) examined by the respondent has not succeeded in rebutting the presumption that arises in these types of matters. The evidence of DW1 also does not inspire confidence because there is material on record that even this witness was charged with certain offences along with the respondent and the two were together facing prosecution for offences like cheating, etc. - based on the evidence on record, the appellants have proved the guilt of the respondent beyond a reasonable doubt. The acquittal is based on a misreading of the evidence on record and virtually ignoring the presumption that arises in terms of Section 139 of the N.I. Act. This is a fit case where the respondent should be sentenced to undergo imprisonment of six months and pay a fine of ₹ 60,000/-. In default, the respondent will have to suffer further imprisonment of one month. The conviction and sentence will however become effective from 31.03.2022. However, if within two months from today the respondent deposits in this Court an amount of ₹ 75,000/- in each of these appeals i.e. a total amount of ₹ 2,25,000/-, then, the offence will be deemed to have been compounded and the respondent will not be required to suffer any conviction or sentence - It is made clear that though these appeals are being disposed of by a common Judgment and Order, the conviction is in respect of different and distinct offences, and therefore there is no question of the sentences running concurrently. These appeals are disposed of.
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