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TMI Blog2020 (4) TMI 498X X X X Extracts X X X X X X X X Extracts X X X X ..... by which the High Court has set aside the Order of the First Appellate Court and restored the judgment of the Trial Court and thereby convicting the appellant under Section 138 of the Negotiable Instruments Act and sentencing him to undergo imprisonment for six months and also imposing fine of Rs. 4,17,148/-. (3) The case of the respondent-complainant is that the appellant-accused purchased the pesticides on credit from the respondent-company and made part payments. Both the appellant and the respondent were maintaining the running accounts. In lieu of payment due and payable to the respondent, the appellant has issued a cheque on 30.04.1999 of Rs. 4,17,148/- drawn on State Bank of India at Bathinda (Punjab). When the said cheque was pres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reversed the conviction and acquitted the appellant. (5) Being aggrieved, the respondent-complainant has filed revision before the High Court. By the impugned order, the High Court has set aside the judgment of learned Sessions Judge and allowed the appeal of the respondent. The High Court in the impugned judgment held that "the reason given by the lower Appellate Court that he did not bring the cash book or order book etc. could well be understood, if civil suit is tried" but on the contrary the order passed by the lower Appellate Court is in the criminal case filed under Section 138 of the N.I. Act. Insofar as the authorisation in favour of the respondent to file the complaint is concerned, the High Court held that the Resolution of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued 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 Rs. 4,17,148/- (10) In the result, the impugned judgment is modified and the appeal is partly allowed to the extent indicated below. For the conviction under Section 138 of the N.I.Act, the appellant is imposed upon only fine amount of Rs. 4,17,148/- and the sentence of imprisonment imposed upon the appellant is set aside. The appellant has already deposited the said amount with the Regist ..... X X X X Extracts X X X X X X X X Extracts X X X X
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