(J) in section 89,—
(a) in sub-section (1), for clauses (i) and (ii), the following clauses shall be substituted, namely:—
“(i) in the case of an offence specified in clauses (a), (b) or (c) where the amount exceeds fifty lakh rupees, with imprisonment for a term which may extend to three years:
Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment shall not be for a term of less than six months;
(ii) in the case of the offence specified in clause (d), where the amount exceeds fifty lakh rupees, with imprisonment for a term which may extend to seven years:
Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment shall not be for a term of less than six months;
(iii) in the case of any other offences, with imprisonment for a term, which may extend to one year.”;
(b) for sub-section (2), the following sub-section shall be substituted, namely:—
“(2) If any person is convicted of an offence punishable under—
(a) clause (i) or clause (iii), then, he shall be punished for the second and for every subsequent offence with imprisonment for a term which may extend to three years;
(b) clause (ii), then, he shall be punished for the second and for every subsequent offence with imprisonment for a term which may extend to seven years.”;
Notes on Clauses:
Sub-clause (J) seeks to substitute clauses (i) and (ii) of subsection (1) of section 89 so as to provide that--
(i) in the case of an offence specified in clauses (a), (b) and (c) of sub-section (1) where the amount exceeds fifty lakh rupees, the punishment shall be imprisonment for a term which may extend to three years, but shall not, in any case, be less than six months;
(ii) in the case of an offence specified in clause (d) of sub-section (1) where the amount exceeds fifty lakh rupees, the punishment shall be imprisonment for a term which may extend to seven years, but shall not, in any case, be less than six months;
(iii) in the case of any other offence, the punishment shall be imprisonment for a term which may extend to one year.
It further seeks to substitute sub-section (2) thereof so as to provide that a person convicted of an offence punishable under clauses (i) and (iii) shall be punished for every second and subsequent offence with imprisonment for a term which may extend to three years and in the case of an offence punishable under clause (ii), shall be punished for every second and subsequent offence with imprisonment for a term which may extend to seven years.
