TMI Blog2016 (1) TMI 1239X X X X Extracts X X X X X X X X Extracts X X X X ..... fine of twice the amount of the cheque. The learned Magistrate in its wisdom has imposed a fine twice the amount of the cheque, which in my considered view is sufficient to meet the ends of justice. Moreover, there are no special circumstances carved out by the appellant so as to call for any interference with the order of the Magistrate so as to alter and impose a more stringent sentence. - Cr. Appeal No. 119 of 2016 - - - Dated:- 22-1-2016 - Tarlok Singh Chauhan, J. For The Appellant : Mr. Rupinder Singh and Ms. Shashi Kiran, Advocates. For The Respondent : Mr. Mukesh Sharma and Mr. Nimish Gupta, Advocates. Tarlok Singh Chauhan, Judge (oral) This appeal under Section 378 (4) of the Criminal Procedure Code has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an only be filed against an order of acquittal and not against an order of conviction or for seeking enhancement of sentence. Therefore, the appeal is not maintainable. 5. That apart, it would be seen that the appellant himself had approached the Court of learned Sessions Judge by filing an appeal under Section 372 Cr.P.C. but the same was voluntarily withdrawn on the ground that the same is not maintainable as would be evident from the order passed by the learned Sessions Judge on 10.9.2014, which reads thus: The learned counsel for the appellant has stated that the appeal is not maintainable and he has instructions to withdraw the present appeal. Learned counsel for the appellant has prayed that certified copy of the judgment be r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : Provided that nothing contained in this section shall apply unless- (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier; (b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, [within thirty days] of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and (c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingly high incidence of dishonour of cheques. While the possibility of imprisonment up to two years provides a remedy of a punitive nature, the provision for imposing a `fine which may extent to twice the amount of the cheque' serves a compensatory purpose. What must be remembered is that the dishonour of a cheque can be best described as a regulatory offence that has been created to serve the public interest in ensuring the reliability of these instruments. The impact of this offence is usually confined to the private parties involved in commercial transactions. 5. Invariably, the provision of a strong criminal remedy has encouraged the institution of a large number of cases that are relatable to the offence contemplated by Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment and conviction on the other, we will find that the bulk was settled and only a miniscule number continued. 10. In Kaushalya Devi Massand vs. Roopkishore Khore (2011) 4 SCC 593, the Hon ble Supreme Court again reiterated that the gravity of a complaint under the Negotiable Instruments Act cannot be equated with an offence under the provisions of the Penal Code, 1860 or other criminal offences, rather offence under Section 138 of the Negotiable Instruments Act, is almost in the nature of civil wrong which has been given criminal overtones as would be evident from the following observations: 11. Having considered the submissions made on behalf of the parties, we are of the view that the gravity of a complaint under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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