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2021 (2) TMI 1116 - HC - Indian LawsDishonor of Cheque - conviction under Section 138 of Negotiable Instruments Act, 1881 - debt payable to the complainant present or not - misuse of cheque - Section 357(3) of Cr.P.C. - HELD THAT:- The learned courts below have given consistent finding in favour of the opposite party no. 2 that the cheque was issued in discharge of debt. This court finds that the learned courts below have given consistent finding of facts after due appreciation of the evidences on record and have rightly held the petitioner guilty of offence under Section 138 of Negotiable Instruments Act, 1881. This court also finds that the basic ingredients of offence under Section 138 of Negotiable Instruments Act have been satisfied in the present case and accordingly, the judgement of conviction of the petitioner does not call for any interference in revisional jurisdiction of this Court - this Court fully agrees with the learned counsel appearing on behalf of the opposite party no. 2 that there is no scope for re-appreciation of evidence in revisional jurisdiction and coming to a different finding in absence of any perversity. This Court finds that no perversity as such has been pointed out by the learned counsel appearing on behalf of the petitioner. The sentence of the petitioner is modified by limiting it to the period already undergone by the petitioner in custody and impose fine of Rupees one lakh upon the petitioner over and above the compensation amount which has already been fixed by the learned court below with a further condition that the petitioner would deposit the fine amount alongwith the compensation amount before the learned court below within a period of two months from the date of communication of this order. If the amount is not so deposited within the said period, the petitioner would serve the sentence already imposed by the learned trial court. This petition is disposed of with modification of sentence.
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