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TMI Blog2019 (5) TMI 1940X X X X Extracts X X X X X X X X Extracts X X X X ..... ated, can in its discretion close the proceedings and discharge the accused. The petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act - the amount of Rs.36,000/- lying in deposit before the learned trial Court is ordered to be released in favour of respondent No.1 on his furnishing his bank account before the concerned Court - revision petition allowed. - CR. REVISION NO. 8 OF 2019 - - - Dated:- 23-5-2019 - THE HON BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE. For the Petitioner : Mr. Parmod Singh Thakur, Advocate. For the Respondent : Mr. Vinod Thakur and Mr. Sudhir Bhatnagar, Additional Advocate Generals with Ms. Svaneel Jaswal, Deputy Advocate General, for respondent No.2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been duly compensated, can in its discretion close the proceedings and discharge the accused, as is evident from para- 18 of the judgment which reads thus:- 18. From the above discussion following aspects emerge: i) Offence under Section 138 of the Act is primarily a civil wrong. Burden of proof is on accused in view presumption under Section 139 but the standard of such proof is preponderance of probabilities . The same has to be normally tried summarily as per provisions of summary trial under the Cr.P.C. but with such variation as may be appropriate to proceedings under Chapter XVII of the Act. Thus read, principle of Section 258 Cr.P.C. will apply and the Court can close the proceedings and discharge the accused on satisfacti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on giving affidavit and examining him and the bank s slip being prima facie evidence of the dishonor of cheque, it is unnecessary for the Magistrate to record any further preliminary evidence. Such affidavit evidence can be read as evidence at all stages of trial or other proceedings. The manner of examination of the person giving affidavit can be as per Section 264 Cr.P.C. The scheme is to follow summary procedure except where exercise of power under second proviso to Section 143 becomes necessary, where sentence of one year may have to be awarded and compensation under Section 357(3) is considered inadequate, having regard to the amount of the cheque, the financial capacity and the conduct of the accused or any other circumstances. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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