Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2014 (7) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (7) TMI 1364 - SC - Indian LawsDishonor of three Cheques - since the Respondent has undergone one year's sentence, he is not willing to pay any amount to the complainant-firm - section 138 of NI Act - HELD THAT:- There are substance in the submission of learned Counsel that the High Court has shown undue leniency to the Respondent. No reasons have been assigned by the High Court for this approach. This Court has on several occasions cautioned the courts that undue leniency should not be shown to the accused facing charges under Section 138 of the NI Act - It is not the case of the Respondent that he has paid any amount to the complainant-firm during the pendency of these cases. He has shown scant regard to this Court's wishes. The amount involved is about ₹ 14,74,753/-. The Respondent should not have been, therefore, given a flea-bite sentence - the High Court should not have shown leniency to the Respondent. Question of concurrency - HELD THAT:- It is clear from the averments made in the complaints and the judgments of the trial court and lower appellate court that the cheques in question do not relate to one single transaction - the impugned order is set aside. The impugned order are set aside and the order of the trial court restored in all the three cases - Since the enhanced fine amounts have already been paid, there is no need to pass any order in that connection - Since the Respondent has already been released from jail after having served one year of imprisonment, he shall be taken into custody to serve the remaining sentence - appeal disposed off.
|