Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights June 2024 Year 2024 This

The High Court upheld conviction u/s 138 of the Negotiable ...


Convicted for bouncing a cheque! Court upheld conviction under Sec 138. Sentencing not legal. Sentence modified.

June 19, 2024

Case Laws     Indian Laws     HC

The High Court upheld conviction u/s 138 of the Negotiable Instruments Act, as presumption u/s 139 favored the complainant. Petitioner's personal cheque dishonored, complying with Act's provisions. Trial and Appellate Court's findings affirmed. However, sentencing of Rs. 1,00,000 compensation or 12 months' imprisonment not in line with law. Citing Krishan Gupta case, compensation not part of sentence but additional to it. HC modified the sentence to align with law, requiring payment within 30 days or face 12-month imprisonment. Application disposed of.

View Source

 


 

You may also like:

  1. Dishonor of Cheque - insufficiency of funds - rebuttal of presumption under Sections 118 and 139 of the NI Act - The failure of the appellant in showing the said amounts...

  2. The HC permitted compounding of the offence u/s 138 of the Negotiable Instruments Act after the accused compromised with the complainant post conviction and sentencing....

  3. 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...

  4. Pertaining to a challenge against conviction and sentence u/s 138 of the Negotiable Instruments Act, the court observed that the petitioner's defense of repaying the...

  5. Maintainability of appeals u/s 377 of CrPC against inadequate sentence was examined. Offences u/s 279-A of IT Act, 1961 are non-cognizable, triable by Magistrate....

  6. Power to enhance the sentence awarded by the trial court - Dishonor of Cheque - insufficiency of funds - hile the Trial Court has consciously imposed fine of Rs. 5,000/-...

  7. Dishonour of cheque constituted legally recoverable debt. Petitioner convicted u/s 138 Negotiable Instruments Act. Complainant's witness, though SPA holder, competent to...

  8. 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...

  9. The HC held that it can exercise inherent powers to compound the offence u/s 138 of the Negotiable Instruments Act at the revisional stage based on a compromise between...

  10. Conviction u/s 138 of the Negotiable Instruments Act, 1881 - the parties ought to be allowed to settle the matter - The offence, therefore, is compounded in terms of the...

  11. The High Court considered a case involving dishonour of cheque and cheating allegations u/s 138 of N.I. Act and u/s 420 IPC. The court found that there was no evidence...

  12. Seizure of large quantity of counterfeit Indian currency notes, determining ingredients u/s 489B of IPC. Interpretation of 'possessing', 'traffic', and 'otherwise...

  13. 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...

  14. Dishonor of cheque - compoundable offence - It can safely be said that when the offence under Section 138 N.I. Act is compounded in accordance with Section 147 N.I. Act,...

  15. Dishonor of Cheque u/s 138 N.I. Act - the provisions of Section 427 of the Cr.P.C. do not permit a direction for the concurrent running of the substantive sentences...

 

Quick Updates:Latest Updates