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2020 (12) TMI 631 - PUNJAB & HARYANA HIGH COURTDishonor of Cheque - acquittal of the accused - prayer for reduction in the quantum of sentence - whether the petitioner is entitled to reduction of his sentence? HELD THAT:- Sentencing is primarily a matter of discretion as there are no statutory provisions governing the same. Even guidelines have not been laid down to assist the Courts in this matter. In the STATE OF HIMACHAL PRADESH VERSUS NIRMALA DEVI [2017 (4) TMI 1524 - SUPREME COURT], the Supreme Court has considered the issue of sentencing in detail and has crystallized certain principles - From the authoritative pronouncement, it is evident that the sentence imposed must be commensurate with the crime committed and in accordance with jurisprudential justification such as deterrence, retribution or restoration. Mitigating circumstances as well as aggravating circumstances should also be kept in mind. The concern of the Legislature is obvious. Provisions inserted for inculcating greater faith in banking transactions needed more teeth so that cases involving dishonour of cheques reduced - It is, thus, apparent that deterrence and restoration are the principles to be kept in mind for sentencing. While imposing a sentence under Section 138 of the Act, the Court must be alive to the concern of the Legislature in inserting Chapter XVII in the Act and then amending the provisions thereof to make the same more stringent as well as the jurisprudential principles of deterrence and restoration and that the offence is quasi criminal in nature - Maximum sentence of rigorous imprisonment for two years has been imposed on the ground that the offence is a socio economic offence. No other consideration has weighed with the trial. Keeping in view the principle of restoration, compensation of payment of the cheque amount along with interest @ 9% per annum from the date of issuance of cheque till the date of the judgment has been awarded. The award of compensation is justified and reflects a judicious exercise of mind - Thus, the revision petition is dismissed and conviction is maintained. However, the sentence is reduced to RI for a period of one year and six months along with payment of compensation as awarded by the trial Court.
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