2022 (11) TMI 89 - HC - Indian Laws
Dishonor of Cheque - discharge of burden to prove - power of revision - HELD THAT:- This Court is exercising power of revision and the power of revision is not available to appreciate or reappreciate to have a contra-finding.
It is the settled law that power of revision available to this Court under Section 401 of Cr.P.C r/w Section 397 is not wide and exhaustive to re-appreciate the evidence to have a contra finding.
In [(2015) 3 SCC 123 : (2015) 2 SCC (Cri) 19], Sanjaysinh Ramrao Chavan v. Dattatray Gulabrao Phalke, [2015 (1) TMI 1332 - SUPREME COURT] the Apex Court held that the High Court in exercise of revisional jurisdiction shall not interfere with the order of the Magistrate unless it is perverse or wholly unreasonable or there is non-consideration of any relevant material, the order cannot be set aside merely on the ground that another view is possible.
In this matter, the courts below given benefit of presumptions under Sections 118 and 139 of NI Act in favour of the complainant, on the finding that the evidence of PW1 in the matter of transaction led to execution of the cheque is believable.
The trial court as well as the appellate court correctly appreciated the evidence and came to the conclusion that the evidence available established commission of offence punishable under Section 138 of NI Act by the accused and, accordingly, the accused was convicted. In fact, there is no reason to revisit the concurrent verdicts of conviction - the concurrent verdicts of conviction stands confirmed - the sentence is modified. There by the accused is sentenced to undergo simple imprisonment for a day till rising of the court and to pay fine of Rs.10,00,000/- (Rupees Ten lakh only) for the offence punishable under Section 138 of the NI Act.
Revision allowed in part.