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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