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2021 (2) TMI 1116
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....e judgement dated 29.06.2012 passed by the learned District and Additional Sessions Judge- V, Ranchi in Criminal Appeal No. 35 of 2011 whereby the learned District and Additional Sessions Judge-V has dismissed the criminal appeal which was filed against the judgement dated 09.02.2011 passed by the learned Judicial Magistrate, 1st Class, Ranchi in connection with C-2287 of 2009/ T.R. No. 1102 of 2011. The learned Judicial Magistrate, 1st Class has been pleased to convict the petitioner under Section 138 of Negotiable Instruments Act, 1881 and sentenced him to undergo Simple Imprisonment for a period of six months and has directed for payment of compensation of Rs. 3 lakhs to the complainant under Section 357(3) of Cr.P.C. 5. Learned counsel....
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....ces of this case the sentence of the petitioner be modified. She submits that the petitioner may be directed to pay some more amount as fine over and above the compensation amount within a stipulated time and the sentence be limited to the period already undergone. She submits that the petitioner has remained in custody for some time. She submits that at the stage of revision the petitioner had surrendered on 27.07.2012 and was directed to be released on bail by this Court vide order dated 23.08.2012. 8. The learned counsel appearing on behalf of the opposite party no. 2, on the other hand, has submitted that there is presumption in law that the cheque has been issued against a debt under Section 139 of the Negotiable Instruments Act, 1881....
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....gality or perversity in the impugned judgements. 9. However, during the course of argument, the learned counsel for the opposite party no. 2 submits that considering the fact that the opposite party no. 2 is a widow, he has taken instructions from her that if the compensation amount is enhanced by Rs. 1 lakh, she has no objection for modification of the sentence of the petitioner and limiting it to the period already served by the petitioner in custody. 10. After hearing the learned counsel for the parties and after going through the records, this Court finds that the timelines as have been mentioned by the learned counsel appearing on behalf of the petitioner during the course of argument are not in dispute and the same is in accordance ....
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....mplainant. She had issued legal notice after receiving the information regarding bouncing of the cheque under prescribed time limit for the offence u/s 138 of N.I. Act and also she has filed this case under time limit as prescribed under N.I. Act for prosecution u/s 138 of N.I. Act. Complainant during her evidence has stated that the cheque was bounced due to insufficient fund in the account of accused and during her cross examination defence has not put any question to contradict the aforesaid facts also during defence evidence stage no any evidence has been produced on behalf of accused which could contradict the aforesaid facts of dishonour of his cheque for insufficient fund in his account. Therefore, the evidence given by the complaina....
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....ng pending of legal notice to the accused Rakesh Pandey has been marked as Ext. 5. C.W 1 has supported her case during her evidence on oath before the court below. I find that the case was instituted within 30 days of service of legal notice and therefore the time framed proved under statue u/s 138 of N.I. Act. C.W. 1 has herself stated that she gave rupees three lacs as an advance to the accused to purchase the land. After some time she came to know that the accused/appellant showed her the document regarding the land is forged and fabricated. Thereafter she requested the accused to return her money for which the appellant/accused issued a cheque bearing no. 115732 dt. 18.07.2009 for Rs. 3,00,000/-. When the complainant presented the chequ....
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....egarding misuse of cheque is concerned, the same has been considered by the learned courts below and the learned courts below have given consistent finding in favour of the opposite party no. 2 that the cheque was issued in discharge of debt. 15. This court finds that the learned courts below have given consistent finding of facts after due appreciation of the evidences on record and have rightly held the petitioner guilty of offence under Section 138 of Negotiable Instruments Act, 1881 . This court also finds that the basic ingredients of offence under Section 138 of Negotiable Instruments Act have been satisfied in the present case and accordingly, the judgement of conviction of the petitioner does not call for any interference in revisi....