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Indian Laws - Highlights / Catch Notes

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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.

Case Laws     Indian Laws

June 19, 2024

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.

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