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2023 (2) TMI 822 - HC - Indian LawsDishonour of cheque - absence of any documents of the postal authorities, showing service of demand notice upon the petitioner - principles of natural justice - HELD THAT:- There is sufficient evidence to show that the cheque was duly issued and after completion of all formalities the proceedings under section 138 NI act was initiated. The learned Magistrate on considering the evidence before the court and materials on record, convicted the petitioner/accused. The session Judge after considering the materials on record, modified the judgment and order of the Magistrate and set aside the substantive part of imprisonment keeping the order to pay compensation intact. Sec 138 N.I Act provides for punishment of imprisonment for a term which may be extended to two years or with fine which may extend to twice the amounts of the cheque or with both. The cheque dated 31.10.2009 amount was for an amount Rupees 8,50,000/- and the compensation imposed is RS 12,50,000/- - Fourteen long years have passed - The learned Sessions Judge has also set aside the substantive sentence of imprisonment. In spite of the said circumstances the petitioner has still not paid the balance amount of Rs. 4 lakhs (compensation). The petitioner is to pay the balance amount (compensation) within two months from the date this order, failing which the petitioner will undergo the sentence in default of payment of compensation - Application dismissed.
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