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2024 (6) TMI 748 - HC - Indian LawsIssues Involved: 1. Conviction and sentence under Section 138 of the Negotiable Instruments Act (N.I. Act). 2. Compliance with mandatory provisions under Section 138 N.I. Act. 3. Appropriateness of the sentence imposed. Summary: Issue 1: Conviction and Sentence under Section 138 N.I. Act The petitioner was convicted by the Learned Judicial Magistrate, 5th Court, Hooghly, for issuing a dishonoured cheque and was ordered to pay Rs. 1,00,000/- as compensation to the complainant within 30 days, failing which he would suffer simple imprisonment for twelve months. This conviction and sentence were affirmed by the Learned Sessions Judge, Hooghly, in Criminal Appeal No. 6/2018. Issue 2: Compliance with Mandatory Provisions under Section 138 N.I. Act The court found that the cheque in question was dishonoured due to "insufficient funds" and that the petitioner had issued the disputed cheque. The presumption u/s 139 N.I. Act in favour of the complainant could not be rebutted by the petitioner. The mandatory provisions u/s 138 N.I. Act were duly complied with by the complainant. Issue 3: Appropriateness of the Sentence Imposed The court noted that the sentencing was not in accordance with law. Section 138 N.I. Act provides for imprisonment up to two years or a fine which may extend to twice the amount of the cheque, or both. The court referred to precedents, including *Krishan Gupta & Anr. vs State of West Bengal & Anr.*, *Somnath Sarkar vs Utpal Basu Mallick & Anr.*, and *Tedhi Singh vs Narayan Dass Mahant*, emphasizing that compensation is not a substitute for a sentence but in addition to it. The judgment and order dated 30.03.2019 by the learned Sessions Judge, Hooghly, and the judgment and order of conviction and sentence by the learned Judicial Magistrate, 5th Court, Hooghly, were modified. The word "compensation" was substituted with "fine," and the rest of the judgment remained unchanged. Conclusion: The petitioner is directed to comply with the judgment and order passed by the trial court within 30 days from the date of communication of this order, failing which the trial court shall proceed in accordance with law. All connected applications, if any, stand disposed of, and any interim order stands vacated. A copy of this judgment is to be sent to the learned Trial Court for necessary compliance.
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