9911796707
TMI Blog2022 (3) TMI 911X X X X Extracts X X X X X X X X Extracts X X X X ..... passed by 9th Additional Sessions Judge, Gwalior in Criminal Appeal No.311/2019 arising out of judgment dated 27.09.2019 passed by JMFC, Gwalior, in Criminal Case No.524/2017(NI Act) by which on 11.01.2022, appellate Court confirmed the conviction and sentence passed by the trial Court. In brief facts of the case for the disposal of this revision are that petitioner and respondent were friends. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Negotiable Instruments Act. Petitioner appeared before the Court and denied charges levelled against him. After trial, learned Magistrate found the petitioner guilty of offence under Section 138 of Negotiable Instruments Act and sentenced him six months and ordered that petitioner shall pay respondent Rs. 3,74,723/- inclusive of original amount within one month otherwise, he will serve three mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und him guilty and convicted. Petitioner has not disputed this fact that he has not purchased 1/3rd of the house of respondent in the name of his daughter for the consideration of Rs. 13,90,000/- and out of which, he had given Rs. 2,90,000/- by cheque No. 467136 on 06.12.2016 which was dishonoured in non-payment. Section 138 of the Negotiable Instruments Act is reproduced as below:- "138 Disho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the cheque, or with both: Provided that nothing contained in this section shall apply unless- (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, which ever is earlier; (b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ideration by way of cheque No. 467136 amounting to Rs. 2,90,000/-. The Apex Court in the case of Duli Chand Vs. Delhi Administration as reported in (1975) 4 SCC 649 has held that, the jurisdiction of the High Court in a criminal revision application is severely restricted and it cannot embark upon a re appreciation of the evidence. The said judgment has been relied by the Apex Court in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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