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2019 (2) TMI 1845 - HC - Indian LawsDishonor of Cheque - Non-Grant of compensation by the Trial Court - the accused is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act - HELD THAT:- Sending the accused in jail for dishonour of cheque will not serve the purpose of the Act. The Court has to keep in mind the provisions of Section 357 of the Code of Criminal Procedure. As per Section 357, the Court has to award compensation in a suitable case. Once it is proved by the side of complainant that cheque was dishonoured, then it was for the trial Court to award compensation to the complainant. Learned trial Court as well as first appellate Court not taken into consideration the provisions of Section 357 of the Code of Criminal Procedure. Accused is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act. He shall pay compensation of ₹ 80,000/- to the complainants/applicants within a period of 15 days from the date of this order - Petition allowed in part.
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