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2022 (4) TMI 875 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - rebuttal of presumption of debt - legally enforceable liability or not - maintainability of complaint for not making the Firm as party to the proceedings - HELD THAT:- This Court has to consider the material available on record. On perusal of the complaint, it discloses that the complainant has filed the complaint against the petitioner and others in their individual capacity, wherein, it is stated that the accused Nos. 1 to 4 are the partners of Itagi Medicals. The complainant and accused No. 1 are known to each other and specifically stated that accused No. 1 was in need of money, requested the complainant to pay the amount in 2004. Accused No. 1 and other accused pleaded their inability and sought time and ultimately accused No. 1 gave the cheque. It is not in dispute that at the first instance, the Trial Court acquitted accused Nos. 3 and 4 and also a case was split up against accused No. 2 and no details with regard to the status of split up case of accused No. 2. The matter was also challenged in the Appellate Court and remanded to the Trial Court for fresh consideration. When the cheques were admitted by this petitioner and only his defense that the cheques were given in 1993 and not in the year 2004 and the same has not been established. Hence, presumption has to be drawn in respect of the transaction is concerned. The Trial Court also in paragraph No. 17 taken note of the said fact into consideration and the Appellate Court in the appeal in paragraph No. 18 discussed that the accused has not disputed the issuance of cheque and the signature thereon. It is also the specific case of the accused that in order to discharge the liability, he had issued the cheque in question to the complainant - When both the Courts have given the reasoning while convicting the petitioner based on both oral and documentary evidence placed on record, there are no error committed by both the courts and only this Court can exercise the revisional jurisdiction if the judgment of the Trial Court and the Appellate Court contrary to the evidence available on record. If any such perverse finding is given or otherwise, the revisional jurisdiction cannot be exercised. Having taken note of such factual aspects is concerned; it is the matter of almost two decades and question of interfering with regard to the sentence also not warranted. The very contention is that both sentence as well as fine has been imposed and the said contention also cannot be accepted and both can be imposed. Here is an order to undergo six months simple imprisonment and now it is made it as two years and taking into note of the same, the same is not harsh as contended by the learned counsel for the petitioner. But, he claims that Firm was closed in the year 1993 and he is having the financial capacity and the said ground also cannot be accepted. The revision petition is dismissed.
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