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HC upheld conviction for dishonour of security cheques under Section 138 of NI Act. The accused issued cheques to repay a loan, which were dishonoured with "insufficient funds" endorsement. The court confirmed that security cheques attract liability for offence. Complainant proved service of legal notice, and accused failed to rebut presumptions under Sections 118(a), 139, and 146 of NI Act. All statutory ingredients were satisfied, warranting six-month imprisonment and compensation of Rs. 15,60,000. The appellate court's decision was deemed appropriate, with no excessive sentencing. Petition dismissed.
HC upheld conviction for dishonour of security cheques under Section 138 of NI Act. The accused issued cheques to repay a loan, which were dishonoured with "insufficient funds" endorsement. The court confirmed that security cheques attract liability for offence. Complainant proved service of legal notice, and accused failed to rebut presumptions under Sections 118(a), 139, and 146 of NI Act. All statutory ingredients were satisfied, warranting six-month imprisonment and compensation of Rs. 15,60,000. The appellate court's decision was deemed appropriate, with no excessive sentencing. Petition dismissed.
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