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    <title>2013 (10) TMI 949 - Supreme Court</title>
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    <description>In a prosecution under Section 138 of the Negotiable Instruments Act, the Court held that the accused could not be saddled with an additional monetary direction beyond the statutory ceiling by treating compensation under Section 357(3) CrPC as separate from fine. The compensation power operates out of the fine imposed, and the total monetary liability cannot exceed the limit prescribed by the statute. Because the complainant had already received adequate compensation, the further direction to pay the cheque amount again was unsustainable. The additional payment direction was set aside, and only a further fine of Rs.20,000 with default imprisonment of six months remained.</description>
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    <pubDate>Mon, 07 Oct 2013 00:00:00 +0530</pubDate>
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      <title>2013 (10) TMI 949 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=238494</link>
      <description>In a prosecution under Section 138 of the Negotiable Instruments Act, the Court held that the accused could not be saddled with an additional monetary direction beyond the statutory ceiling by treating compensation under Section 357(3) CrPC as separate from fine. The compensation power operates out of the fine imposed, and the total monetary liability cannot exceed the limit prescribed by the statute. Because the complainant had already received adequate compensation, the further direction to pay the cheque amount again was unsustainable. The additional payment direction was set aside, and only a further fine of Rs.20,000 with default imprisonment of six months remained.</description>
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      <pubDate>Mon, 07 Oct 2013 00:00:00 +0530</pubDate>
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