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2013 (4) TMI 186

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..... ence punishable under Section 138 of the Negotiable Instruments Act. The first and second accused were found guilty and were, therefore, convicted. The second accused was sentenced to undergo simple imprisonment for eight months and to pay an amount of Rs.65,000/- as compensation with a default clause of four months' simple imprisonment. In appeal, the lower appellate court confirmed the convictio .....

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..... trial court and summons was issued to the accused. On appearance of the accused, the particulars of the offence were read out to him, to which, he pleaded not guilty and claimed to be tried. Evidence consists of the testimony of PW1 and documents marked as Exts.P1 to P13 from the side of the complainant. After close of the evidence, the accused was questioned under Section 313 Cr.P.C. He denied al .....

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..... r, the office has made an endorsement that 'no memo is received in section'. 6. The evidence of PW1 shows that the first accused is a partnership firm and deals in whole sale business of rice. The firm used to purchase rice from the complainant. Towards the purchases so made, a sum of Rs.50,000/- was due to the complainant and in order to discharge the said debt, Exts.P2 and P3 cheques were issue .....

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..... seems to have taken no action in this regard. Even to the statutory notice issued to the accused, he did not respond. Therefore, both the courts below are justified in coming to the respective conclusions. No grounds are made out warranting interference with the orders of the courts below. This revision petition is devoid of any merits and it is accordingly dismissed.
Case laws, Decisions, J .....

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