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2022 (6) TMI 856 - HC - Indian LawsRemission of sentence as made by the first appellate court - increase in the compensation amount - Section 357 (3) of the Code of Criminal Procedure - HELD THAT:- On perusal of the sentencing part of the judgement, it appears that practically no reason has been assigned by the Appellate Court for aforesaid remission though the appellate court is of the view that the Trial Court judgment is reasoned and well written. Appellate Court specifically observed that the learned Magistrate has rightly convicted the accused no. 2 for committing offence under Section 138 of the Negotiable Instruments Act and he has also rightly acquitted accused no. 1 as she is not the drawer of the cheque but he observed that the term of sentence imposed upon the accused appears to be excessive. He has not explained why it appears to be excessive to the appellate court because the maximum sentence of imprisonment that a Magistrate can award under Section 138 of the Negotiable Instruments Act is for two years - the finding of the first appellate court needs to be interfered because though the offence under Section 138 of the Negotiable Instruments Act is a basically documentary offence but still such proceeding can never be considered as money recovery proceeding. Once it is proved that the offence has been committed, court is under obligation to impose appropriate sentence to the accused person. The impugned judgment dated 6/9/2018 is set aside only to the extent that the sentence as awarded by the trial court shall remain unaltered. The finding of both the courts below respondent no. 2 as convict and acquitting respondent no.1 on the ground that she is not the drawer of the cheque, remains uninterfered by this court - application disposed off.
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