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2023 (11) TMI 880 - HC - Indian LawsDishonour of Cheque - conviction of appellant - Seeking acquittal from the charge under Section 138 of N.I. Act - HELD THAT:- From perusal of the record, it reveals that the statement of the complainant Jagdish Gupta (PW-1) is well supported by the cheque (Ex.P-1), notice (Ex.P-2 and P-3), postal receipt (Ex.P-4), letter (Ex.P-5). Applicant did not examined any witness before the trial Court and he did not reply the notice (Ex.P-2 and P-3), therefore, there is no reason to disbelieve the statement of Jagdish Gupta (PW-1) and the documentary evidence available on record, therefore, on the basis of the aforesaid evidence, the trial Court has rightly held that the applicant has committed offence under Section 138 of N.I. Act. On perusal of the record, the submission of the learned counsel for the applicant appears to be just and proper. Hence, finding force in the contention raised by the learned counsel for the applicant and the fact that the applicant is facing trial since 2014 i.e. for a period of almost 09 years and has already undergone two months jail incarceration, this Court finds it appropriate to partly allow this revision petition by affirming the conviction of the applicant, however, reducing his jail sentence to the period already undergone. This revision petition is partly allowed by maintaining the conviction, but reducing the jail sentence to the period already undergone by the applicant. Since the applicant is already on bail, his bail and surety bonds stand discharged.
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