Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | fine Dishonour of cheque compensation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | s. 138 of N. I. Act r/w s.357(3) CrPC - Dishonour of cheque- Conviction - Sentence of six months simple imprisonmentand to pay compensation to complainant, affirmed bySessions Judge - High Court in revision filed by accused,substituting six months sentence by imposing a further sumequivalent to cheque amount - Held: High Court wascompetent to impose a sentence of fine only upon accused -- It has rightly set aside the sentence of imprisonment -However, as the amount of fine imposed by High Court overand above the amount of compensation exceeds double thecheque amount, it would violate s. 138 N. I. Act - Complainanthas received compensation as per adjudication of trial court- Accused sentenced to pay further a fine of Rs.20,0001- andon his failure to do so, he would be liable for imprisonmentfor six months - Code of Criminal Procedure, 1973 - s.357(3). cs. 138 - Power of court to levy fine - Held: Is circumscribedto twice the cheque amount -- Even in a case where court maybe taking a lenient view in favour of accused by not sendinghim to prison, it cannot impose a fine more than twice thecheque amount -- That statutory limit is inviolable and mustbe respected -- High Court has, in the case at hand,overlooked the statutory /imitation on its power to levy a fine. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2013 INSC 686 |
Petitioner | Somnath Sarkar |
Respondent | Utpal Basu Mallick & Anr. |
SCR | [2013] 9 S.C.R. 935 |
Judgement Date | 2013-10-07 |
Case Number | 1651 |
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