9911796707
TMI Blog2020 (4) TMI 498X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant under Section 138 of the N.I.Act. So far as the question of sentence is concerned, the cheque was issued by the appellant, for discharge of the debt, way back in the year 1999. Considering the fact that the cheque was issued in the year 1999 and having regard to the other facts and circumstances of the case and in the interest of justice we deem it appropriate to modify the sentence of imprisonment imposed upon the appellant and also the fine amount of ₹ 4,17,148/-. Appeal allowed in part. - Criminal Appeal No(s). 132 of 2020 (Arising out of SLP (CRL.)No.1621 of 2018) - - - Dated:- 20-1-2020 - Mrs. Justice R. Banumathi And Mr. Justice A.S. Bopanna For the Petitioner(s) : Mr. Yadav Narender Singh, AOR, Mr. Muke ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the evidence adduced by the respondent-complainant, the Trial Court/Judicial Magistrate found that the cheque was issued for discharge of the debt and the same was proved on the basis of the statement of account of the respondent-complainant and since the cheque was dishonoured due to insufficient funds, the Trial Court held the appellant guilty and convicted him for the offence punishable under Section 138 of the N.I. Act and sentenced him imprisonment for six months. Additionally, the Trial Court also imposed fine of ₹ 4,17,148/- and in default thereof the appellant to undergo imprisonment for two months. Being aggrieved the appellant has filed the appeal. Learned Additional Sessions Judge, Bathinda, by Judgment dated 13.03.2004 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17,148/- on 08.01.2019 in the Registry of this Court and the same is lying in non-interest bearing account. The appellant was also granted exemption from surrendering by the Hon ble Judge, In- Chamber, on 16.02.2018 (7) We have heard Mr. Yadav Narender Singh, learned counsel appearing for the appellant and Ms. Saman Ahsan, learned counsel appearing for the respondent and also perused the impugned judgment and the materials on record. (8) As held by the Trial Court as well as by the High Court that the cheque was issued towards the amount due and payable by the appellant for purchase of pesticides. As rightly observed by the High Court production of the account books/cash book may be relevant in the civil court; but may not be so in th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
