9911796707
TMI Blog2022 (9) TMI 1153X X X X Extracts X X X X X X X X Extracts X X X X ..... eferred by the petitioner for enhancement of sentence has been dismissed. Another revision being Crl. Rev. No.591/2022 in Criminal Appeal No.36/2021 whereby the appeal preferred by the respondent against the conviction under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) and order on sentence has been allowed. Since both the revisions are against the common order, therefore, they are being decided analogously. 2. The facts of the case are that the petitioner/complainant is a private limited company which claims to be providing to its customers a strong foundation of seamless and flawless backend operations to ensure a definite success in every event and activation services. According to the petitioner/complainant, the respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of the petitioner/ complainant and the respondent/accused, the learned Magistrate vide judgment dated 21.08.2020 convicted the respondent for the offence punishable under Section 138 of the NI Act. By separate order dated 06.01.2021, the respondent was sentenced to undergo simple imprisonment till rising of the court and she was also directed to pay compensation of Rs. 3,43,000/- to the petitioner/ complainant within 30 days from the date of the order. 3. Both the orders were challenged by the respondent before the Additional Sessions Judge in appeal. The appeal preferred by the respondent was registered as Criminal Appeal No.80/2021. The petitioner/complainant also preferred appeal praying for enhancement of sentence which was register ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It is a matter of record that there is no agreement between the parties for execution of any work. No bill is produced by the petitioner qua incurring any expenditure in execution of the contract. The respondent has successfully discharged the onus to prove that there was no admitted liability against her. There is no evidence on record to establish that there was any legal debt or liability against the respondent/accused. The learned Appellate Court has found that the agreement for providing services was terminated immediately and, therefore, the demand was made for return of the cheque to the petitioner/ revisionist. 7. Having considered the entire material available on record, the Appellate Court has rightly found that the judgment on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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