2020 (9) TMI 102 - HC - Indian Laws

Dishonor of Cheque - offence punishable under Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT - From the statement of the complainant-Nanuram and documentary evidence available on record, it is duly proved that the applicant has committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, therefore, this Court is of the view that the trial Court as well as the appellate Court have not committed any error in convicting the applicant for commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and there is no ground available for warranting any interference in the concurrent findings recorded by the courts below. Thus, the conviction of the applicant recorded by the courts' below is hereby affirmed. Period of sentence - HELD THAT - The applicant has already suffered more than 15 days of jail sentence out of two months SI and he has already deposited the compensation amount of ₹ 6.0 Lacs before the trial Court and now the complainant/respondent has no grievances with the applicant, therefore, it will be appropriate to reduce the custodial sentence of the applicant to the period already undergone by the applicant. This revision petition is partly allowed and the order of awarding compensation amount of ₹ 6.0 Lacs to the respondent/complainant is hereby affirmed, however, the custodial sentence of the applicant is reduced to the period already undergone by him - appllicant is in jail, the Registry of this Court is directed to arrange for issuance of release warrant of applicant -Rajesh Kumar.

Summary

Issues:
1. Revision petition under Section 397/401 of the Cr.P.C against judgment convicting applicant under Section 138 of the Negotiable Instruments Act, 1881.
2. Applicant convicted for dishonoring cheques issued for an agreement for sale of house.
3. Applicant convicted by trial court and appellate court; seeks reduction of custodial sentence.
4. Applicant's counsel argues for reduction of sentence due to time served and compensation paid.
5. Respondent's counsel argues against interference in concurrent findings of lower courts.

Analysis:
1. The applicant filed a revision petition against the judgment convicting him under Section 138 of the Negotiable Instruments Act, 1881. The trial court and appellate court had both found the applicant guilty of dishonoring cheques issued for an agreement for the sale of a house. The applicant abjured his guilt and opted for trial but did not examine any witnesses in his defense.

2. The trial court convicted the applicant and sentenced him to two months of simple imprisonment and ordered him to pay compensation of ?6.0 Lacs to the respondent. The appellate court affirmed the trial court's judgment. The applicant, through his counsel, argued for a reduction in the custodial sentence, citing time already served and the compensation amount deposited before the trial court.

3. The respondent's counsel opposed any interference in the concurrent findings of the lower courts, stating that the evidence supported the applicant's guilt under Section 138 of the Negotiable Instruments Act, 1881. The High Court, after hearing both counsels and perusing the record, affirmed the conviction of the applicant, as it was duly proved that he committed the offense.

4. However, considering that the applicant had already served more than 15 days of the two-month sentence and had deposited the compensation amount, the High Court decided to reduce the custodial sentence to the period already undergone by the applicant. The High Court partly allowed the revision petition, affirming the compensation amount but reducing the custodial sentence.

5. The High Court directed the Registry to arrange for the issuance of a release warrant for the applicant and ordered a copy of the judgment to be sent to the lower courts for information and necessary compliance. The judgment highlighted the importance of upholding the conviction while also considering the time served and compensation paid by the applicant.