TMI Blog2021 (12) TMI 787X X X X Extracts X X X X X X X X Extracts X X X X ..... trate was abrest of the essential evidence that the cheque issued by the petitioners was dishonored and on demand by notice the drawer failed to make payment. Therefore the learned Judicial Magistrate committed no error in finding the accused/ petitioner guilty of the offence punishable under section 138 of the Negotiable Instrument Act. The petitioner having issued the cheque in question is liable for non-clearance of the same and non-payment of the dues to opposite party no.1. To ensure due payment to the drawee of a cheque, the court trying the offence is empowered under section 138 of the Negotiable Instrument Act to impose a sentence of imprisonment which may extend to two years or with fine, which may extend to twice the cheque amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is further contended that while passing the judgement the court ought to have scrutinized the source of ₹ 3,50,000/- alleged to have been paid by the complainant/opposite party no.1 to the accused/petitioners as loan accommodation. It is also urged that learned Judicial Magistrate had erred in law in convicting the petitioner and subjecting him to simple imprisonment for three months, with a further direction to pay a compensation of ₹ 7,00,000/- to the complainant/opposite party no.1 under Section 357(3) of the Code of Criminal Procedure. The petitioner prayed for setting aside the impugned order and/or quashing of the order. 3. On 8.11.2019 the petitioner/revisionist had prayed for his release on bail. After considering ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lagachia Branch. The complainant presented the said cheque in his own account at the State Bank of India, Kalagachia Branch but the same was dishonoured due to insufficient fund. The Branch issued an information slip dated 6.4.2015 informing the opposite party no.1/complainant about the reason of dishonour. The petitioner was informed about the dishonor of the cheque and he requested the opposite party no. 1 to present the cheque once again. On such assurance the opposite party no.1 deposited the cheque again on 23.6.2015 in his account but the same was dishonoured for the second time due to insufficient fund. A demand notice was issued to the petitioner under registered post on 2.7.2015 which was received by the petitioner on 07.07.2015. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r some time the petitioner's Advocate stopped appearing and no further step has been taken on behalf of the petitioner. 7. Learned advocate for the opposite party no.1 submitted that the impugned Judgment and order suffers from no illegality or impropriety and there is no reason for interfering with the consecutive finding of the courts against the accused. It is urged that criminal revision is without merit and is liable to be dismissed. 8. Having perused the impugned judgment and the trial court orders and on considering the submission of Learned Advocate for opposite party no. 1, I find that the petitioner/accused did not adduce any evidence on his behalf. The presumption raised against the petitioner/accused person under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pugned judgment where a substantive sentence of three months of imprisonment as well as a compensation twice the cheque amount has been awarded in favour of the opposite party no.1, against the petitioner. 12. In view of the above discussion I find the impugned judgment in Criminal Appeal No. 3 of 2019 passed by Learned Additional District and Sessions Judge, F.T.C. II, Contai suffers from no illegality, impropriety or any incorrectness. Therefore, I hold that there is no merit in the criminal revision filed by the petitioner and the same is dismissed. The criminal revision is accordingly disposed of on its merit, considering the facts and legal provisions. Interim order if any stands vacated. 13. Let a copy of this judgement be trans ..... X X X X Extracts X X X X X X X X Extracts X X X X
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