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of <h1>Petitioner's Appeal Dismissed: Guilty under Section 138 N.I. Act</h1> <h3>Banmali Das Versus Rasbihari Das, State of Chhattisgarh</h3> Banmali Das Versus Rasbihari Das, State of Chhattisgarh - TMI Issues:Challenge to judgment modifying sentence under Section 138 of the Negotiable Instruments Act.Analysis:The revision petition challenged the judgment modifying the sentence under Section 138 of the Negotiable Instruments Act. The petitioner issued a cheque to the complainant, which was dishonored due to insufficient funds. The complainant filed a complaint under Section 138 of the N.I. Act. The petitioner claimed the cheque was stolen and misused, but no police report was filed. The complainant provided documentary evidence supporting his claim, and the trial Court found the petitioner guilty. The petitioner's defense was rejected, and the trial Court's judgment was upheld.The petitioner argued that the complainant misused the stolen cheque and did not provide evidence of payment. The complainant proved the issuance and dishonor of the cheque with documentary evidence. The Court found no merit in the petitioner's defense of theft and misuse of the cheque. The complainant's statements and evidence were consistent, and no contradictions were found. The Court dismissed the petitioner's argument and upheld the lower Courts' decisions.The Court considered the lenient view taken by the Appellate Court due to the petitioner's age and lack of criminal record. The Appellate Court reduced the imprisonment sentence and directed the petitioner to pay compensation to the complainant. The Court found no reason to interfere with the sentence imposed by the lower Courts. The judgment relied upon by the petitioner was deemed irrelevant to the present case. Consequently, the revision petition was dismissed for lack of substance at the admission stage.In conclusion, the Court upheld the lower Courts' decisions, finding the petitioner guilty under Section 138 of the N.I. Act. The petitioner's defense of theft and misuse of the cheque was rejected, and the sentence modification by the Appellate Court was deemed appropriate. The revision petition was dismissed, affirming the judgment modifying the sentence under Section 138 of the Negotiable Instruments Act.
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