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2022 (3) TMI 1051 - HC - Indian LawsDishonor of Cheque - rebuttal of presumption - Section 118 and Section 139 of the NIA - Section 138 of the NI Act, 1881 - HELD THAT:- The present applicant has preferred appeal against the judgment and order of the trial court before the District and Sessions Court vide Criminal Appeal No. 26 of 2021 wherein, at the first time, in paragraph no. F of the appeal memo, grievance was raised by the appellant as per the judgment of the Hon'ble Apex Court, applicant was entitled to claim for the interest at the rate of 9% p.a. That, the lower appellate court, after hearing the a parties, discussed issue in para 9 of the judgment and dismissed the appeal of the present applicant and partly confirmed the order of the trial court. It was further ordered that respondent no. 2/original accused shall pay amount of ₹ 1 lac by way of fine and out of this amount, ₹ 50,000/- shall be given to the present applicant by the respondent no. 2 by way of compensation. It appears that no special circumstances were shown by the present applicant allegedly extended at the relevant point of time. For the first time before the lower appellate court, grievance was raised by the present applicant that he was not awarded interest at the rate of 9% p.a. as per the judgment - in absence of any special circumstance, trial court as well as lower appellate court has committed no error by not awarding any interest at the rate of 9% p.a. as prayed by the present applicant. Revision dismissed.
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