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TMI Blog2020 (12) TMI 631X X X X Extracts X X X X X X X X Extracts X X X X ..... t be commensurate with the crime committed and in accordance with jurisprudential justification such as deterrence, retribution or restoration. Mitigating circumstances as well as aggravating circumstances should also be kept in mind. 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. While imposing a sentence under Section 138 of the Act, the Court must be alive to the concern of the Legislature in inserting Chapter XVII in the Act and then amending the provisions thereof to make the same mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). The complaint was dismissed and the petitioner was acquitted vide judgement dated 25.02.2014. However, appeal against the said 1 of 8 judgement was allowed on 20.10.2015 and the case was remanded for a fresh decision. Post remand, vide judgement dated 8.7.2016, the petitioner was convicted and sentenced to undergo rigourous imprisonment for a period of two years. He was also directed to pay compensation equal to the cheque amount along with interest at the rate of 9% per annum from the date of cheque till the date of the judgement. Appeal against the aforementioned judgement of conviction was dismissed vide judgement dated 21.8.2019 leading to the filing of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any benefit. No infirmity or illegality in the exercise of discretion by the trial Court has been pointed out and, thus, the petitioner does not deserve any relief. The revision petition merits dismissal. Learned State counsel has furnished the latest custody certificate of the petitioner dated 30.7.2020 and the same is taken on record. According to this certificate, the petitioner has undergone a total sentence of 01 year and 19 days including remission of 01 month and 10 days and there is no other criminal case pending/ decided against him. Based on the submissions made by the learned counsel, the only question which arises for adjudication in this case is whether the petitioner is entitled to reduction of his sentence. As has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st the Courts in this matter. In the State of Himachal Pradesh vs. Nirmala Devi, 2017 (2) RCR (Criminal) 613, the Supreme Court has considered the issue of sentencing in detail and has crystallized certain principles. The same are reproduced below:- 20. Following principles can be deduced from the reading of the aforesaid judgment:- (i) Imprisonment is one of the methods used to handle the convicts in such a way to protect and prevent them to commit further crimes for a specific period of time and also to prevent others from committing crime on them out of vengeance. The concept of punishing the criminals by imprisonment has recently been changed to treatment and rehabilitation with a view to modify the criminal tendency among the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ential justification such as deterrence, retribution or restoration. Mitigating circumstances as well as aggravating circumstances should also be kept in mind. To determine the jurisprudential justification/principle which would apply in cases such as the instant one, it would be essential to examine certain statutory provisions. Chapter XVII comprising Sections 138 to 142 was inserted vide Amendment Act 66 of 1988 w.e.f. 1.4.1989. Section 138, as it stood at the time of its insertion, provided for a maximum sentence of one year or fine or both. Vide amending Act 55 of 2002, the maximum sentence was increased to two years and Sections 143 to 147 were inserted. Section 143 provides for summary trial by the Judicial Magistrate, Ist Class o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions thereof to make the same more stringent as well as the jurisprudential principles of deterrence and restoration and that the offence is quasi criminal in nature. The order of sentence is on record. Maximum sentence of rigorous imprisonment for two years has been imposed on the ground that the offence is a socio economic offence. No other consideration has weighed with the trial. Keeping in view the principle of restoration, compensation of payment of the cheque amount along with interest @ 9% per annum from the date of issuance of cheque till the date of the judgment has been awarded. The award of compensation is justified and reflects a judicious exercise of mind. However, in view of the nature of the offence as well as t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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