https://www.taxtmi.com/caselaws?id=214207 Section 357(3) of the Code of Criminal Procedure can be invoked only where the sentence does not include a fine. In a cheque dishonour prosecution under Section 138 of the Negotiable Instruments Act, once the Magistrate imposed a fine, any compensation could be drawn only from that fine under Section 357(1)(b), not as separate compensation under Section 357(3). The First Class Magistrate also lacked power under Section 29(2) of the Code to enhance the fine to cover the full cheque amount on the facts then before the court. The later insertion of Section 143 of the Negotiable Instruments Act removed that ceiling prospectively only, so it did not assist the case. en-us Tue, 11 Oct 2011 00:00:00 +0530 Wed, 13 Mar 2019 15:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=214207 Section 357(3) of the Code of Criminal Procedure can be invoked only where the sentence does not include a fine. In a cheque dishonour prosecution under Section 138 of the Negotiable Instruments Act, once the Magistrate imposed a fine, any compensation could be drawn only from that fine under Section 357(1)(b), not as separate compensation under Section 357(3). The First Class Magistrate also lacked power under Section 29(2) of the Code to enhance the fine to cover the full cheque amount on the facts then before the court. The later insertion of Section 143 of the Negotiable Instruments Act removed that ceiling prospectively only, so it did not assist the case. Case-Laws Indian Laws Tue, 11 Oct 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=214207