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2021 (1) TMI 853 - HC - Indian LawsDishonor of Cheque - error apparent on the face of record or not - offence punishable under Section 138 of the N.I. Act - HELD THAT:- This Court did not notice any error apparent on record with the well reasoned orders of the learned Magistrate and the learned First Appellate Court. Suffice to say that, though under Section 138 of the N.I. Act, the Court is entitled to order for double the cheque amount as fine and imprisonment for two years, having regard to the facts and circumstances of the case on hand, the learned Magistrate awarded fine of ₹ 39,000/-, out of which, ₹ 37,000/- was ordered to be paid as compensation to the complainant along with imprisonment of six months. In the considered opinion of the Court, awarding simple imprisonment for a period of six months is not supported by valid reasons. Therefore, to that extent, this Court is of the opinion that the simple imprisonment of six months is excessive and the same needs to be set aside. However, having regard to the facts and circumstances of the case, especially in the pandemic COVID-19, granting three months with fine of ₹ 39,000/- less the amount deposited before the First Appellate Court would meet the ends of justice - Revision petition allowed in part.
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