9911796707
TMI Blog2022 (2) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... ffences like cheating, etc. - based on the evidence on record, the appellants have proved the guilt of the respondent beyond a reasonable doubt. The acquittal is based on a misreading of the evidence on record and virtually ignoring the presumption that arises in terms of Section 139 of the N.I. Act. This is a fit case where the respondent should be sentenced to undergo imprisonment of six months and pay a fine of ₹ 60,000/-. In default, the respondent will have to suffer further imprisonment of one month. The conviction and sentence will however become effective from 31.03.2022. However, if within two months from today the respondent deposits in this Court an amount of ₹ 75,000/- in each of these appeals i.e. a total amou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel for the respondent requested for the matter to be kept in the afternoon session so that he could obtain suitable instructions from the respondent. 5. In the afternoon session Mr. Rohan Desai, based on instructions from the respondent has made a statement that the respondent is ready to pay a sum of ₹ 75,000/- to the appellants in each of these cases as against the dishonored cheques. In each of these cases, the dishonored cheques were issued in an amount of ₹ 60,000/-. Mr. Rohan Desai, on instructions, stated that this amount will be paid or deposited in this Court within two months from today. 6. Learned counsel for the appellants are agreeable to receive the aforesaid amount without prejudice to their ri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the presumption that arises in these types of matters. The evidence of DW1 also does not inspire confidence because there is material on record that even this witness was charged with certain offences along with the respondent and the two were together facing prosecution for offences like cheating, etc. There is evidence that even this witness was arrested along with the respondent. Even the respondent raised a defence during the cross-examination of the complainant, the foundation of which was not laid in the reply to the legal notice served after the dishonour of the cheques. 10. Therefore, based on the evidence on record, the appellants have proved the guilt of the respondent beyond a reasonable doubt. The acquittal is based on a mis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no question of the sentences running concurrently. The offence has been committed by the Respondent against three separate complainants. The respondent will therefore have to suffer the sentences in each of the matters separately, though consecutively. 16. These appeals are disposed of in the aforesaid terms. 17. This Court expresses gratitude to Mr. Sanman Keny and Mr. Amey Kakodkar who appeared in these matters on behalf of the appellants under the Legal Aid Scheme. The Registry to ensure that they are paid the appropriate fees in terms of the rules. Such fees are in addition to the gratitude which the Court expresses to them for their efforts. 18. If the amount is indeed deposited by the respondent, then, the Registry/Legal Se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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