2020 (9) TMI 102

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....rred the present revision petition under Section 397/401 of the Cr.P.C. against judgment dated 06/02/2019 passed by First Additional Judge to the Court of Second Additional Judge, Jhabua in Criminal Appeal No. 30/2017, wherein the learned Additional Sessions Judge has dismissed the appeal against judgment of conviction and order of sentence passed by Judicial Magistrate First Class, Jhabua in Crim....

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....tion of the said cheques by the respondent in his bank account, same were dishonoured with a remark 'account closed'. Thereafter, notice was served upon the applicant for payment of the cheque amount, however, he did not pay the said amount within stipulated period, therefore, on 03/01/2014, the respondent has filed a private complaint against the applicant under Section 138 of the Negotia....

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....al Appeal No. 30/2017 before the Sessions Court, which was also dismissed, vide order dated 06/02/2019 by affirming the judgment of trial Court. This order is a subject matter of challenged in the present petition. 5. Learned counsel for the applicant submitted that the cheques amount has already been deposited by the applicant before the trial Court, which is acknowledged by the respondent. It....

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....rd. 8. From the statement of the complainant-Nanuram and documentary evidence available on record, it is duly proved that the applicant has committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, therefore, this Court is of the view that the trial Court as well as the appellate Court have not committed any error in convicting the applicant for commission of of....