2019 (12) TMI 1096

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....present revision petition has been filed under Section 397/401 read with Section 482 Cr.P.C. on behalf of the petitioner seeking setting aside the impugned judgment on conviction dated 02.08.2017 and order on sentence dated 16.09.2017 passed by the Metropolitan Magistrate in Complaint Case No.4991510/2016 whereby the petitioner was convicted for the offence under Section 138 N.I. Act and sentenced....

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.... the complainant on 26.05.2005 whereby the accused agreed to sell property bearing no. BE-170, Hari Nagar, New Delhi to the complainant for a consideration of Rs. 5,10,000/- out of which sum of Rs. 2,10,000/- was paid by the complainant on 26.05.2005 in cash to the accused as earnest money. It is further averred in the complaint that the balance was payable on or before 10.10.2005 subject to the t....

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....iability. It is further averred that the cheque in question was presented for encashment which got dishonoured on 27.06.200 with remarks "funds insufficient" (Ex.CW1/3). Further, the Complainant also sent a legal demand notice dated 15.07.2006 to the accused (Ex.CW1/4). Upon the failure of the accused to make the payment within 15 days, after the service of legal demand notice, the present complai....

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....counsel for the petitioner has relied upon the decision of the Supreme Court in the case of Damodar S.Prabhu v. Sayed Babalal H. reported as (2010) 5 Supreme Court Cases 663 and prayed that the cost @ 15% be reduced. 8. In view of the settlement arrived at between the parties, the offence under Section 138 of the NI Act against the petitioner is permitted to be compounded, subject to payment of....