Supreme Court · 2011 INSC 207 · Decided 15 March 2011
Kaushalya Devi Massand v. Roopkishore Khore
- Court
- Supreme Court of India
- Citation
- 2011 INSC 207 · [2011] 3 S.C.R. 879
- Case number
- CRIMINAL APPEAL No. 723/2011
- Decided
- 15 March 2011
- Bench
- ALTAMAS KABIR, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; NI Act Section 138
Headnote
NEGOTIABLE INSTRUMENTS ACT, 1881: \., ' A B s.138 - Complaint of dishonour of cheques - Accused c sentenced by Magistrate to pay a fine bf Rs.4 lakh to ·complainant - High Court enhancing the amount of fine by Rs. 2 lakh - Appeal by complainant contendi'ng for jail i sentence to the accused Act cannot be equated with an offence under the D provisions .of the Penal Code or other .criminal offences '- An offence uls 138 of the Actis almost in the nature of a civil wrong which has been given criminal overtones - The Magistrate, in his wisdom was of the view that imposition of a fine
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