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2022 (6) TMI 1171 - HC - Indian LawsDishonor of Cheque - funds insufficient - offence punishable under Section 138 of N.I. Act - HELD THAT:- The evidence of PW-1, which has remained un-denied, supported by the cheque at Ex.P-1 and the banker's endorsement at Ex.P-2, which shows that there was no sufficient balance in the account of the drawer/accused on the date when the cheque was presented for its realisation and also the copy of legal notice at Ex.P-3 and the postal acknowledgement at Ex.P-5, which further go to show that the complainant had demanded the payment of cheque amount from the accused within the statutory period, but, still the accused did not pay the cheque amount, would make it clear that the complainant has proved the alleged guilt against the accused beyond reasonable doubt - both the trial Court, as well as the Sessions Judge's Court have convicted and confirmed the conviction of the accused for the offence punishable under Section 138 of N.I. Act respectively. In the instant case, the petitioner/accused is convicted for the offence punishable under Section 138 of N.I. Act and is sentenced to pay fine of Rs. 5,00,000/- and in default of payment of fine, to undergo simple imprisonment for a period of two months. Since in the light of the facts and circumstances of the case, the sentence ordered by the trial Court and confirmed by the Sessions Judge's Court being proportionate to the gravity of the proven guilt against the accused, there are no reason to interfere in the impugned judgments. Criminal Revision Petition is dismissed.
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