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Dishonor of Cheque - a person, who has been held guilty u/s 138 of the Act of 1881 can be punished with imprisonment for a term which may extend up to two years, or with fine which may extend to twice the amount of the cheque or with both. Thus, there is a discretion left with the Criminal Court either to sentence the accused with imprisonment or to punish the accused with the sentence of fine upon considering the facts and circumstances of the case. Imposition of jail sentence is not mandatory for offence u/s 138 of the Act of 1881. - HC
Dishonor of Cheque - a person, who has been held guilty u/s 138 of the Act of 1881 can be punished with imprisonment for a term which may extend up to two years, or with fine which may extend to twice the amount of the cheque or with both. Thus, there is a discretion left with the Criminal Court either to sentence the accused with imprisonment or to punish the accused with the sentence of fine upon considering the facts and circumstances of the case. Imposition of jail sentence is not mandatory for offence u/s 138 of the Act of 1881. - HC
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