2023 (11) TMI 880

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....RMA FOR THE APPLICANT : BY SHRI ANIRUDH SAXENA - ADVOCATE FOR THE RESPONDENT : NONE ORDER Record of both the courts below has been received. 2. Despite service of notice, nobody appeared on behalf of respondent. 3. Matter is heard finally, at the stage of motion hearing. 4. This revision has been preferred under Section 397 read with Section 401 of Cr.P.C. being aggrieved by t....

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....n the ground of 'insufficient fund'. Complainant sent a legal notice through his counsel, but the applicant / accused did not return the amount. 6. The trial Court after scrutinizing evidence available on record convicted the applicant / accused for the offence under Section 138 of N.I. Act and sentenced to undergo six months R.I. with compensation of Rs.80,000/-. Being aggrieved by the....

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....cquitted from the charge under Section 138 of N.I. Act. 8. Heard learned counsel for the applicant at length. 9. From perusal of the record, it reveals that the statement of the complainant Jagdish Gupta (PW-1) is well supported by the cheque (Ex.P-1), notice (Ex.P-2 and P-3), postal receipt (Ex.P-4), letter (Ex.P-5). Applicant did not examined any witness before the trial Court and he did n....

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....lmost 09 years. Applicant is not having any criminal past. He has deposited the complete amount of compensation before the trial Court. Hence, he prays that revision be allowed and the jail sentence awarded to the applicant be reduced to the period already undergone by him. 12. Having considered the rival submissions and on perusal of the record, the submission of the learned counsel for the ap....