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TMI Blog2022 (3) TMI 911X X X X Extracts X X X X X X X X Extracts X X X X ..... ion is severely restricted and it cannot embark upon a re appreciation of the evidence. This Court is of the view that Court below have not committed any illegality - revision dismissed. - CRR No. 445 of 2022 - - - Dated:- 15-3-2022 - Deepak Kumar Agarwal , J. Shri J.P. Kushwah, learned counsel for the petitioner None for the respondent ORDER This Criminal Revision has been filed by the petitioner aggrieved by judgment passed by 9th Additional Sessions Judge, Gwalior in Criminal Appeal No.311/2019 arising out of judgment dated 27.09.2019 passed by JMFC, Gwalior, in Criminal Case No.524/2017(NI Act) by which on 11.01.2022, appellate Court confirmed the conviction and sentence passed by the trial Court. In brief f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s partly allowed the appeal and in lieu of six months sentence by condoning the act of the petitioner, he has directed that petitioner to deposit ₹ 374,723/- within 30 days in trial Court otherwise he has to undergo three months imprisonment. Petitioner as per the order of appellate Court by Annexure A-8 and Annexure A-9 deposited the compensation amount before trial Court and filed this revision on the ground that present facts and circumstances of this case does not fall within the category of offence under Sections 138 of Negotiable Instruments Act. Despite this trial Court as well as appellate Court found him guilty and convicted. Petitioner has not disputed this fact that he has not purchased 1/3rd of the house of responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of money by giving a notice in writing, to the drawer of the cheque, (within thirty days) of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and (c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. Explanation-- For the purposes of this section debt or other liability means a legally enforceable debt or other liability] On going through the provision of Section 138 of Negotiable Instruments Act, it is clear that petitioner was owing debt liability towards respondent because he has not paid full consideration of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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