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TMI Blog2023 (11) TMI 880X X X X Extracts X X X X X X X X Extracts X X X X ..... e notice (Ex.P-2 and P-3), therefore, there is no reason to disbelieve the statement of Jagdish Gupta (PW-1) and the documentary evidence available on record, therefore, on the basis of the aforesaid evidence, the trial Court has rightly held that the applicant has committed offence under Section 138 of N.I. Act. On perusal of the record, the submission of the learned counsel for the applicant appears to be just and proper. Hence, finding force in the contention raised by the learned counsel for the applicant and the fact that the applicant is facing trial since 2014 i.e. for a period of almost 09 years and has already undergone two months jail incarceration, this Court finds it appropriate to partly allow this revision petition by affir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en the complainant presented the cheque before the Bank on 04.11.2009, cheque was dishonoured on the ground of 'insufficient fund'. Complainant sent a legal notice through his counsel, but the applicant / accused did not return the amount. 6. The trial Court after scrutinizing evidence available on record convicted the applicant / accused for the offence under Section 138 of N.I. Act and sentenced to undergo six months R.I. with compensation of Rs.80,000/-. Being aggrieved by the impugned judgment, the applicant / accused preferred a criminal appeal before the Additional Sessions Judge, Rajgarh, but vide order dated 24.08.2019, the same was rejected by affirming the conviction and sentenced passed by the trial Court. Hence, this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant confines his argument on the point of quantum of sentence only and prays that since the applicant remained in jail incarceration from 08/03/2022 to 20/05/2022 in total 02 months and he is facing trial since 2014 i.e. for a period of almost 09 years. Applicant is not having any criminal past. He has deposited the complete amount of compensation before the trial Court. Hence, he prays that revision be allowed and the jail sentence awarded to the applicant be reduced to the period already undergone by him. 12. Having considered the rival submissions and on perusal of the record, the submission of the learned counsel for the applicant appears to be just and proper. Hence, finding force in the contention raised by the learned couns ..... X X X X Extracts X X X X X X X X Extracts X X X X
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