Supreme Court · 2013 INSC 686 · Decided 7 October 2013
Somnath Sarkar v. Utpal Basu Mallick & ANR.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 686 · [2013] 9 S.C.R. 935
- Case number
- CRIMINAL APPEAL No. 1651/2013
- Decided
- 7 October 2013
- Bench
- T.S. THAKUR, VIKRAMAJIT SEN (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 357(3), 357; NI Act Section 138
Headnote
NEGOTIABLE INSTRUMENTS ACT, 1881: A B s. 138 of N. I. Act r/w s.357(3) CrPC - Dishonour of cheque c - Conviction - Sentence of six months simple imprisonment and to pay compensation to complainant, affirmed by Sessions Judge - High Court in revision filed by accused, substituting six months to cheque amount - Held: High Court was 0 competent to impose a sentence of fine only upon accused - - It has rightly set aside the sentence of imprisonment - However, as the amount of fine imposed by High Court over and above the amount of compensation exceeds double the cheque amount, it
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