9911796707
TMI Blog2022 (9) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... unt 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PW1 and Manager, Punjab National Bank as PW2. Learned Court below after appreciating oral evidence of complainant and his witnesses and documents annexed along with complaint case vide judgment dated 27.11.2009, convicted the applicant for commission of offence punishable under Section 138 of the Act of 1881 and sentenced him to undergo SI for three months and to pay fine of Rs. 10,000/-, and in default of fine, to undergo additional SI for one month. 2. Applicant herein challenged the judgment passed by learned Court below by filing an appeal before learned Sessions Court and the same was registered as Criminal Appeal No. 28 of 2009. Lower Appellate Court affirmed the judgment of conviction and order of sentence dated 14.02.2011 passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both: 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 infor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 10. As a fallout and consequence of aforesaid discussion, the Criminal Revision is allowed in part. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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