TMI Blog2018 (8) TMI 2018X X X X Extracts X X X X X X X X Extracts X X X X ..... ommission of offence under section 138 of NI Act. The appellant did not produce relevant/satisfactory evidence before Ld. Trial Court in support of the fact that he was not responsible towards respondent side for any amount of money qua this matter as per relevant provisions of NI Act. There is no merit in this appeal so as to set aside or modify, to any extent, the impugned judgment of conviction and the same is hereby upheld - Appeal dismissed. - Criminal Appeal No: 153/2018 - - - Dated:- 27-8-2018 - Dr. Shahabuddin Addl. Sessions Judge : Special Judge (NDPS) ORDER 1. By this order, I shall decide an appeal filed by accused/appellant Sh. G.D Kataria(in short appellant) against the respondent M/s AVL Leasing Finance Ltd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd circumstances of this case properly; that the respondent side failed to produce the statement of account before Ld. Trial Court ; that there was no legally enforceable debt against the appellant which was to be paid in this matter to the respondent side; that while passing the impugned judgment of conviction and order on point of sentence, Ld. Trial Court did not properly appreciate the provisions of sections 138 and 139 of NI Act and for this reason, the same are liable to be set aside and appellant is entitled for acquittal in this matter. 5. This appeal petition has been strongly opposed orally from the respondent side, without filing any written reply to it, and mainly on the grounds that the impugned judgment of conviction and or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his matter as per relevant provisions of NI Act. 8. For these reasons, in the considered opinion of this Court, there is no merit in this appeal so as to set aside or modify, to any extent, the impugned judgment of conviction and the same is hereby upheld. As regards the impugned order on point of sentence, this court is again of considered view that in the entire facts and circumstances of this case at this stage, the punishment of imprisonment awarded to the appellant, alongwith compensation amount, to be paid by him to the respondent side, as per impugned order on point of sentence, the same appears to be fair and reasonable to this Court in the entire given facts and circumstances of this case and accordingly, the same also does not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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