Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2017 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (7) TMI 179 - HC - Indian LawsCheques on presentation got dishonoured with remarks "insufficient funds" - complaints filed under Section 138 of the Negotiable Instruments Act - Held that:- Mere availing of the OCC/OD limit of ₹ 50,00,000/- does not ipso facto suggest that the offence committed is one. Whereas, the cheques issued on the different dates constitute different cause of action under Negotiable Instruments Act. The trial Court correctly awarded substantive sentence to run consecutively rather than to award the sentence concurrently although the cheques issued by the petitioner were to meet their outstanding liability for the OCC/OD limit availed by him qua against the respondent/complainant-Bank but it does not form one single transaction rather constitute separate cause of action. It is an admitted fact emerging on the record that the petitioner was directed to pay a fine of ₹ 1,00,000/- in each complaint cases as compensation to the respondent/complainant-Bank and in default of payment the petitioner shall further undergo a simple imprisonment of one month for each complaint cases which does not exceeds one fourth of the term of imprisonment that the learned Metropolitan Magistrate could have awarded. The trial Court while awarding the sentence and fine as compensation under Section 357(3) of the Cr.P.C. could have increased the fine amount twice the cheque amount under Section 138 of the N.I. Act, whereas the learned Metropolitan Magistrate has awarded the compensation of only ₹ 1 lakhs in each complaint cases which shows nothing biased/adverse qua against the petitioner exist in the factual parametric of the present revision petitions. As discussed above, this Court is of the view that the conviction judgment passed by the learned Metropolitan Magistrate-03, NI Act, Tis Hazari Courts, Delhi and order on sentence passed by the learned Metropolitan Magistrate-03, NI Act, Tis Hazari Courts, Delhi does not require any interference by this Court.
|