Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2015 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (5) TMI 48 - MADRAS HIGH COURTOffence under Negotiable Instruments Act - dishonor of cheque - Revision petition - Trial court convicted with sentenced of rigorous imprisonment for 9 months, compensation of ₹ 4 lakhs within three months from the date of the order, with default sentence of three months simple imprisonment under Section 138 read with section 142 of the Negotiable Instruments Act - Held that:- It is the specific case of the respondent/complainant that when the cheques were presented on earlier occasion and get dis-honoured and immediately they contacted the revision petitioner/accused, who prayed for six months time to settle the amount and subsequently voluntarily came forward to alter the year of the cheques from 1995 to 1996. Though it is the specific case of the revision petitioner/accused that it amounts to material alteration, as already pointed out in criminal complaint lodged, in this regard, has become final, as the jurisdictional police has closed the case as 'Mistake of Fact' and no further steps have been taken either to reopen the case or to file a private complaint. The Courts below had recorded the concurrent findings as to the guilt on the part of the revision petitioner/accused for the commission of offence under Section 138 of the Negotiable Instruments Act and this Court, on an independent application of mind to the entire material placed before it, is of the considered view that there is no error apparent or infirmity on the findings rendered by the Courts below. At this juncture, the learned counsel for the revision petitioner/accused made alternately that the revision petitioner being a lady has imposed with a present sentence of nine months simple imprisonment and considering the fact that she has also levied with a compensation of ₹ 4 lakhs, sentence of imprisonment may be set aside and on the said submission, the Court heard the submission of the learned counsel for the respondent/private complainant also and this Court, after considering the said plea and taking into consideration of the fact that now the revision petitioner is aged about 62 years, is of the view that sentence of imprisonment awarded by the trial Court as confirmed by the lower appellate Court is to be set aside, instead, the default sentence is to be imposed in the event of non payment of compensation. - In the result, the criminal revision is dismissed confirming the conviction of the revision petitioner/accused under Section 138 read with 142 of the Negotiable Instruments Act, which has been upheld by the lower appellate Court.
|