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2020 (4) TMI 498 - SC - Indian LawsDishonor of Cheque - insufficiency of funds - Section 138 of the NI Act - HELD THAT:- The cheque was issued towards the amount due and payable by the appellant for purchase of pesticides. As rightly observed by the High Court production of the account books/cash book may be relevant in the civil court; but may not be so in the criminal case filed under Section 138 of the N.I.Act. This is because of the presumption raised in favour of the holder of the cheque - In view of the concurrent findings recorded by the Trial Court as well as by the High Court there are no ground warranting interference with the conviction of the appellant under Section 138 of the N.I.Act. So far as the question of sentence is concerned, the cheque was issued by the appellant, for discharge of the debt, way back in the year 1999. Considering the fact that the cheque was issued in the year 1999 and having regard to the other facts and circumstances of the case and in the interest of justice we deem it appropriate to modify the sentence of imprisonment imposed upon the appellant and also the fine amount of ₹ 4,17,148/-. Appeal allowed in part.
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