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2023 (4) TMI 756 - BOMBAY HIGH COURTDishonour of Cheque - legally recoverable debt or not - rebuttal of presumption - perjury against the complainant for interpolation in the cheque - HELD THAT:- The cheque in question was issued towards discharge of existing liability and the transaction is not hit by the provisions of the Bombay Money Lenders Act, 1946. There are compliances about proving reason for dishonour “as not arranged for”, issuing notice in time, receipt of notice and failure to make payment. There are two witnesses from the bank, one is Pradeep Vaidya, from Syndicate Bank, who is banker of the complainant and another is Atul Jadhav from Thane Janta Sahakari Bank on whom the cheque was drawn. So the complainant has satisfied all ingredients for the offence punishable under section 138 of the NI Act. He has proved commission of offence by accused - accused is liable to be dealt with as per law. The trial Court has sentenced the accused to undergo rigorous imprisonment for six months and to pay fine of Rs.5,000/- - Section 138 of NI Act gives various options, either there may be imprisonment or there may be fine being twice the amount of cheque or both. In this case, the accused can be sentenced to fine of double the amount of cheque which comes, to Rs. 8,00,000/- out of that compensation can be paid to the Appellant. Appeal allowed.
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