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2022 (9) TMI 383 - Indian Laws
Dishonor of Cheque - enhancement of fine amount equivalent to twice the cheque amount i.e., Rs.2 crores along with interest and costs - Section 138 of the NI Act - HELD THAT:- Section 138 of the NI Act provides that where the drawer of the cheque fails to make payment, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of the Act, be punished with imprisonment for a term which may be extended to two years or with fine which may extend to twice the amount of the cheque, or with both.
The learned Sessions Judge has categorically held that the complainant herein has filed criminal revision petition for enhancement of the fine amount stating that the trial court has imposed only meager amount of Rs.20,000/- towards fine apart from imprisonment for one year and after considering the facts and circumstances of the case - the learned Sessions Judge enhanced the fine amount from Rs.20,000/- to Rs.1 core, including the fine which was already imposed by the trial court and with such deposit ordered that the complainant has to receive the amount of Rs.1 crore and if the accused fails to pay the same, he has to undergo simple imprisonment for six months.
There are no justifiable grounds to enhance the compensation amount, since the award of compensation by way of restitution in regard to the loss on account of dishonour of cheque should be practical and realistic.
The criminal revision case is, accordingly, dismissed.