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The Kerala High Court reviewed a case involving dishonor of a...
Dishonor of Cheque: Suspension of sentence. Sufficient reason for ordering a deposit of 20% of the amount of compensation, not assigned. Matter restored back
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The Kerala High Court reviewed a case involving dishonor of a cheque under section 138 of the Negotiable Instruments Act. The court examined the suspension of sentence under section 389 of the CrPC and found that the Sessions Judge did not provide sufficient reasoning for ordering a deposit of 20% of the compensation imposed by the Trial Court. The High Court set aside the order directing the petitioner to make the deposit and instructed the Sessions Court to reconsider the applications with a fresh hearing for both parties within one month.
The Kerala High Court reviewed a case involving dishonor of a cheque under section 138 of the Negotiable Instruments Act. The court examined the suspension of sentence under section 389 of the CrPC and found that the Sessions Judge did not provide sufficient reasoning for ordering a deposit of 20% of the compensation imposed by the Trial Court. The High Court set aside the order directing the petitioner to make the deposit and instructed the Sessions Court to reconsider the applications with a fresh hearing for both parties within one month.
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