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2016 (12) TMI 957 - HC - Indian LawsDishonor of cheques - Complaint filed under Section 138 of the Negotiable Instruments Act,1881 - Held that:- The revisionist tried his best to run away from its liability by showing the cards of Share Purchase Agreement, i.e. Ex.CW1/D2, dated 22.06.2010 as well as profit sharing project. So far as the acting upon the agreement Ex.CW1/D2 is concerned, the same is not acted upon by the parties. There is nothing proved on record by the revisionist in rebuttal to say that the money received by them was not in consideration of the loan amount but was an investment on profit sharing basis. The respondent/complainant has proved the complaint, i.e. Ex.CW1/A, the cheques nos. 246320 and 246321, i.e. Ex. PW1/10 and Ex.PW1/8 respectively, both dated 15.05.2011 and the legal demand notice dated 02.06.2011. It is pertinent to mention, that the defence of the revisionist is sham having no roots to see the twilight of the day. Consequently, the order on conviction passed by learned Metropolitan Magistrate dated 04.09.2015 is upheld and does not require any interference. So far as the enhancement of sentence awarded by the learned Additional Session Judge, i.e. rigorous imprisonment for three months to rigorous imprisonment for one year, is concerned the learned appellate Court has rightly appreciated the facts on record as the revisionist at the initial stage has admitted its liability and despite admitting the liability the revisionist kept on taking undue benefit of the legal process and harassed the respondent/complainant and backed out many times during the court proceedings too as per the order sheet of the learned Metropolitan Magistrate dated 29.03.2012 and 15.05.2012. Consequently, the order on conviction dated 04.09.2015 passed by the learned Metropolitan Magistrate and the subsequent order of enhancement of sentence passed by the learned Additional Sessions Judge dated 22.12.2015 remains upheld and requires no interference by this Court.
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