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TMI Blog2022 (3) TMI 1051X X X X Extracts X X X X X X X X Extracts X X X X ..... d the appeal of the present applicant and partly confirmed the order of the trial court. It was further ordered that respondent no. 2/original accused shall pay amount of ₹ 1 lac by way of fine and out of this amount, ₹ 50,000/- shall be given to the present applicant by the respondent no. 2 by way of compensation. It appears that no special circumstances were shown by the present applicant allegedly extended at the relevant point of time. For the first time before the lower appellate court, grievance was raised by the present applicant that he was not awarded interest at the rate of 9% p.a. as per the judgment - in absence of any special circumstance, trial court as well as lower appellate court has committed no error by no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upto twice the cheque amount alongwith suitable interest at the rate of 9% p.a. That, no interest @ 9% p.a. was awarded to the present applicant. Hence, learned advocate for the applicant has limited his arguments on the issue of interest at the rate of 9% p.a. not awarded to the applicant. 4. Having heard learned advocate for the applicant and the impugned judgment and order passed by the court below in Criminal Case No. 4022 of 2014 as well as Criminal Appeal No. 26 of 2021, it appears that trial court has convicted the respondent no. 2/original accused for the period of six months simple imprisonment and fine of ₹ 2500/-, in default to pay amount of fine, further simple imprisonment of one month was awarded. It was further orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the appellants does not inspire confidence or meet the standard of 'preponderance of probability'. In the absence of any other relevant material, it appears to us that the High Court did not err in discarding the appellants' defence and upholding the onus imposed upon them in terms of Section 118 and Section 139 of the NIA. 6. From the record of the trial court and the judgment, it appears that no special circumstances were shown by the present applicant allegedly extended at the relevant point of time. For the first time before the lower appellate court, grievance was raised by the present applicant that he was not awarded interest at the rate of 9% p.a. as per the judgment. 7. Without any special circumstances sho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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