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Issues: (i) whether the concurrent conviction under Section 138 of the Negotiable Instruments Act, 1881 called for interference in revision; (ii) whether the sentence and default sentence required modification.
Issue (i): Whether the concurrent conviction under Section 138 of the Negotiable Instruments Act, 1881 called for interference in revision.
Analysis: The cheque's issuance was not disputed, while the defence version about an earlier loan of Rs. 3.5 lakhs and misuse of a blank security cheque was found to be inconsistent at different stages. The complainant's financial capacity was also not shown to be lacking on the record. The concurrent findings of the courts below were based on appreciation of evidence and no perversity or legal infirmity was demonstrated.
Conclusion: The conviction under Section 138 of the Negotiable Instruments Act, 1881 was upheld and no interference was made in revision.
Issue (ii): Whether the sentence and default sentence required modification.
Analysis: The petitioner had already undergone a substantial part of the substantive sentence and was not a previous convict. In these circumstances, only the default sentence for non-payment of compensation warranted reduction, while the remaining terms could continue.
Conclusion: The default sentence was reduced, while the substantive sentence and compensation order were otherwise maintained.
Final Conclusion: The conviction was sustained, but limited relief was granted by reducing the default sentence, and the revision was disposed of accordingly.
Ratio Decidendi: In a cheque dishonour prosecution, concurrent findings based on proper appreciation of evidence will not be disturbed in revision absent perversity, and the sentence may be moderated on relevant mitigating circumstances.
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