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2022 (2) TMI 885 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - cheque bounce cases - Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- In the present case, the records reveals that the accused were regular customers of the complainant and they used to supply medical surgical devices. The total cheque amount was ₹ 5,73,094/-. It is also evident from the evidence that, earlier also accused had transaction and purchased goods to the tune of ₹ 59 to 60 lakhs, which is evident from the cross-examination evidence. The records indicate that the respondents have not submitted any documents to show that the goods are defective. However, learned Sessions Judge keeping in mind the nature of transaction has imposed the said sentence by modifying the amount and has awarded fine amount of ₹ 6,00,000/- in default, directed the accused-proprietor to undergo simple imprisonment for a period of six months. Out of the above said fine amount of ₹ 5,95,000/- amount to be paid as compensation to the complainant and the remaining ₹ 5,000/- to the Government as fine. Looking into the nature of transaction and the value of the goods and the cheque amount, in my considered view, the said modification order passed by the learned Sessions Judge does not appear to be perverse or illegal. On the other hand, whatever goods purchased by the accused, goods supplied value has to be paid and some extra amount has also to be paid. The same is awarded as compensation in the order passed by the Session Court i.e., in the year 2015 itself. The revision petition being devoid of merits is liable to be dismissed - petition dismissed.
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