case law on sec 138 of Negotiable Instruments Act
Anil Kr Garg
(Querist) 25 February 2011
This query is : Resolved
I need a case law to demand serious and strict punishment for cheq dishonour. In one case, accused has been sentenced for 3 months for cheq dishonour of Rs 9 lacs out of which he later paid part leaving Rs 2.7 lacs still o/s. Court ordered Rs 5.4 lacs to be paid with 3 months sentence. Accused has gone into appeal. Appellate court's mind is known during arguments (to be concluded next week) being very lenient to accused and something like waiving sentence and compensation leaving only o/s amount to be paid. I want to argue that punishment u/s 138 must be serious and strict to have any impact of the law. Pls give me some good case laws to support this argument. Thanking you,