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TMI Blog2022 (9) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... icient fund in the bank account of applicant. When the amount was not repaid, legal notice was issued to the applicant under Section 138 of the Act of 1881, and thereafter, complaint case was filed, which came to be registered as Criminal Case-824 of 2009. Complainant examined three witnesses including himself as PW3, Branch Manager, SBI as PW1 and Manager, Punjab National Bank as PW2. Learned Court below after appreciating oral evidence of complainant and his witnesses and documents annexed along with complaint case vide judgment dated 27.11.2009, convicted the applicant for commission of offence punishable under Section 138 of the Act of 1881 and sentenced him to undergo SI for three months and to pay fine of Rs. 10,000/-, and in default ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for [a term which may be extended to two years], or with fine which may extend to twice the amount 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of 1881 and sentenced to serve SI for three months and to pay fine of Rs. 10,000/-. 9. Under revisional jurisdiction given in Section 397/401 of the CrPC, invoking revisional jurisdiction of High Court, I deemed it fit to modify the sentence part of SI of three months and fine of Rs. 10,000/- to only fine of Rs. 35,000/-. Sentence of SI for three months is hereby modified to fine of Rs. 25,000/- only, while remaining part of sentence i.e. fine of Rs. 10,000/- will remain intact. 10. As a fallout and consequence of aforesaid discussion, the Criminal Revision is allowed in part. The conviction of the applicant for offence under Section 138 of the Act of 1881 is hereby maintained, whereas, the jail sentence of the applicant is modified and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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