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2016 Supreme(Del) 2208

P.S.TEJI
SURRENDER KUMAR MEHRA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
For the Petitioner: Mr. Tarun Arora, Adv.
For the Respondent: Mr. Izhar Ahmad, APP.

Judgement Key Points

Certainly. Here are the key points from the provided legal document:

  • The revision petition was filed under Sections 397 and 401 of the Criminal Procedure Code, challenging the orders passed by the lower courts regarding the conviction and sentencing of the petitioner (!) .

  • The case involved a complaint for a dishonoured cheque issued in relation to a friendly loan of Rs.5 lakhs, which was allegedly not repaid by the petitioner. The cheque was dishonoured twice, and legal notice was issued, leading to criminal proceedings (!) .

  • The Trial Court convicted the petitioner under the relevant section of the Negotiable Instruments Act and sentenced him to pay compensation, with a default imprisonment clause. The appellate court upheld the conviction but increased the compensation amount and the default imprisonment period (!) .

  • The petitioner argued that the courts below mechanically passed orders without proper judicial consideration, and that the respondent failed to prove the case beyond reasonable doubt. It was also contended that the amount of loan proved was less than Rs.5 lakhs, and thus, the liability was not established as per the cheque amount (!) .

  • The courts below found that the respondent proved his case beyond reasonable doubt and that the petitioner was liable to repay the loan. The revisional court emphasized that its jurisdiction should be exercised only in cases of glaring procedural defects or manifest legal errors, and not to reappreciate evidence or interfere with concurrent findings (!) .

  • The appellate court's enhancement of the compensation amount and default imprisonment was considered an error, as there was no appeal or contention by the respondent for such enhancement. The revisional court found that the order on conviction was based on cogent evidence, but the enhancement of punishment was unjustified (!) .

  • Consequently, the revisional court set aside the appellate court's order on the quantum of punishment and upheld the original sentence passed by the trial court. The petitioner was granted liberty to pay the original compensation amount by a specified date and was directed to surrender for default of payment (!) .

  • The stay granted earlier was vacated, and the petitioner was directed to comply with the payment and surrender requirements within the stipulated timeframe (!) .

  • The revision petition and associated applications were disposed of accordingly (!) .

Please let me know if you need further analysis or assistance with this case.


JUDGMENT :

P.S. TEJI, J.

1. The present revision petition has been filed under Section 397 and 401 of Cr.P.C, 1973 for setting aside the order passed by the Appellate Court vide order dated 17.09.2015 in Crl.Appeal No.08/2015 upholding the order passed by the Trial Court vide order dated 11.03.2015.

2. The brief facts of the case are that a complaint case No.33/1/12 was filed by the respondent No.2 before the Trial Court on the ground that he had advanced a friendly loan of Rs.5 lakhs to the petitioner in two installments viz. one amounting to Rs.3 lakhs on 12.11.2008 and other amounting to Rs.2 lakhs in January, 2009. The loan was to be repaid within a period of six months from the date of advancement of loan. After expiry of the said period, the petitioner tendered a cheque bearing No.146362 dated 15.09.2009 for an amount of Rs.5 lakhs, Ex CW1/1, which on presentment on 16.11.2009, was dishonoured with the remarks “Insufficient Funds” vide return memo dated 16.11.2009 Ex.CW1/2. Subsequently, at the request of the petitioner, the cheque was again presented, but it was again dishonoured with the same remarks on 23.12.2009 vide cheque returning memo Ex.CW1/3. Thus, the respondent No.2












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