Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2022 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (9) TMI 378 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - existence of legally enforceable debt or not - applicant submitted that conviction recorded and sentence awarded by both the Courts below are absolutely illegal - whether the sentence awarded is on higher side as the jail sentence is not mandatory in view of the language employed in Section 138 of the Act of 1881? - HELD THAT:- From bare perusal of Section 138 of the Act of 1881, it is crystal clear that a person, who has been held guilty under Section 138 of the Act of 1881 can be punished with imprisonment for a term which may extend up to two years, or with fine which may extend to twice the amount of the cheque or with both. Thus, there is a discretion left with the Criminal Court either to sentence the accused with imprisonment or to punish the accused with the sentence of fine upon considering the facts and circumstances of the case. Imposition of jail sentence is not mandatory for offence under Section 138 of the Act of 1881. Under revisional jurisdiction given in Section 397/401 of the CrPC, invoking revisional jurisdiction of High Court, It is deemed fit to modify the sentence part of SI of three months and fine of Rs. 10,000/- to only fine of Rs. 35,000/-. Sentence of SI for three months is hereby modified to fine of Rs. 25,000/- only, while remaining part of sentence i.e. fine of Rs. 10,000/- will remain intact. The conviction of the applicant for offence under Section 138 of the Act of 1881 is hereby maintained, whereas, the jail sentence of the applicant is modified and he is now sentenced to pay fine of Rs. 25,000/-, in place of SI for three months, as awarded by trial Court. Fine of Rs. 10,000/- imposed by trial Court shall remain intact. Fine amount of Rs. 35,000/- is payable to the non-applicant/complainant under Section 357(1)(b) of the CrPC. Any fine amount already paid by applicant shall be adjusted. The Criminal Revision is allowed in part.
|