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TMI Blog2022 (6) TMI 1129X X X X Extracts X X X X X X X X Extracts X X X X ..... hich process, he has entered witness box and produced certain documents, however, he could not successfully rebut the presumption. In view of the facts and circumstances of the case, the quantum of the fine amount which is very much nearer to the double of the cheque amount, is very much on the higher side, as such, only in reducing the sentence, particularly the quantum of the fine amount, the interference at the hands of this court is warranted. The Criminal Revision Petition stands allowed in part, though does not warrant any interference and as it stands confirmed, however, the order on sentence passed by the Trial Court which was further confirmed by the Sessions Judge's Court, stands modified. The sentencing of imposing a fine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Trial Court dated 5-12-2011 in C.C. No. 198/2009. Aggrieved by the said order, the accused has preferred this revision petition. 2. The summary of the case of the complainant in the Trial Court was that the accused was a timber dealer and also contractor in Shivamogga. The complainant approached the accused for the supply of timber for construction of their house. After negotiation, it was agreed between the parties that the complainant should pay an advance amount of Rs. 95,000/-, as such, in three installments of Rs. 25,000/-, Rs. 25,000/- plus Rs. 45,000/-, the complainant in total paid a sum of Rs. 95,000/- to the accused between February to August in the year 2008. Even after receiving the advance amount, the accused did not sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion are perverse, illegal and erroneous warranting interference at the hands of this Court? 7. Though this matter was listed at the stage of orders and parties had taken adjournment for reporting the settlement also, since it was reported that it was a failure of the settlement and the Trial Court records and Sessions Court records were already received in the matter, with the consent from both side, main matter itself was taken up for its final disposal. 8. Heard the arguments from both side on the main petition. 9. Learned counsel for the petitioner in his single sentence argument, submitted that, he would not challenge the judgment of conviction, however, his request is only to reconsider the quantum of sentence and reduce the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... got the false case lodged against him. However, the said defence taken by the accused was denied in the cross-examination of PW.1. Thus, it is after proper analysis of the evidence placed before them, both the Trial Court and the Sessions Judge's Court have held that the accused has committed the alleged offence punishable under Section 138 of the N.I. Act. 12. It also cannot be ignored of the fact that the learned counsel for the petitioner does not dispute the judgment of conviction but his grievance is only about the quantum of sentence, as such also, the impugned judgments of conviction under revision does not warrant any interference at the hands of this court so far as the conviction of the accused for the offence punishable u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also categorically denied the receipt of the alleged advance of Rs. 95,000/- from the complainant. In such circumstances, though the accused has attempted to rebut the presumption formed in favour of the complainant and in which process, he has entered witness box and produced certain documents, however, he could not successfully rebut the presumption. I am of the view that in the facts and circumstances of the case, the quantum of the fine amount which is very much nearer to the double of the cheque amount, is very much on the higher side, as such, only in reducing the sentence, particularly the quantum of the fine amount, the interference at the hands of this court is warranted. Accordingly, the Criminal Revision Petition stands all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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