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Indian Laws - Highlights / Catch Notes

Home Highlights December 2020 Year 2020 This

Dishonor of Cheque - prayer for reduction in the quantum of ...

Indian Laws

December 18, 2020

Dishonor of Cheque - prayer for reduction in the quantum of sentence - The concern of the Legislature is obvious. Provisions inserted for inculcating greater faith in banking transactions needed more teeth so that cases involving dishonour of cheques reduced - It is, thus, apparent that deterrence and restoration are the principles to be kept in mind for sentencing - The revision petition is dismissed and conviction is maintained. However, the sentence is reduced to RI for a period of one year and six months along with payment of compensation as awarded by the trial Court. - HC

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  1. Dishonor of cheque - cheques returned uncashed - insufficiency of funds - the reduction of sentence without assigning any reason is not sustainable and deserved to be reconsidered.

  2. Dishonour of Cheque - Quantum of sentence / Fine - The sentence is optional, either it may be imprisonment for two years or fine which may be twice amount of the cheque...

  3. Dishonor of Cheque - insufficiency of funds - non-compliance of the condition of suspension of sentence is sufficient to declare suspension of sentence as having been vacated.

  4. Dishonour of cheques (PDC) - the substantive sentence awarded to the revisionists could have been one year concurrently rather than independent/consecutive sentence in...

  5. Dishonor of Cheque - legally enforceable debt or not - rebuttal of presumption - both the Trial Court and the Sessions Judge's Court without analyzing the evidence...

  6. Dishonor of Cheque - a person, who has been held guilty u/s 138 of the Act of 1881 can be punished with imprisonment for a term which may extend up to two years, or with...

  7. Dishonour of Cheque - punishment - The trial Court has sentenced the accused to undergo rigorous imprisonment for six months and to pay fine of Rs.5,000/- - Section 138...

  8. Dishonor of Cheque - compensation should be twice the cheque amount, or not - petitioner withdrew the amount of compensation out of his own volition. - there are no...

  9. Concurrent sentence - dishonor of multiple check - multiple offences and thereafter seek concurrent running of the sentences - there is immense possibility that the...

  10. Dishonor of Cheque - the petitioner has been found guilty of the offence and was convicted and sentenced thereof - there are no illegality in the impugned judgment where...

 

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