https://www.taxtmi.com/caselaws?id=404957 An appellate court hearing an appeal against conviction under Section 138 of the Negotiable Instruments Act cannot add a further fine unless enhancement of sentence is lawfully sought; Section 386 CrPC permits alteration of sentence in an appeal from conviction but does not authorise punishment enhancement in the absence of such a request. The additional fine imposed for each count was therefore held illegal and was set aside. The custodial sentence was not reduced to the period already undergone because cheque dishonour carries both compensatory and deterrent elements, and the accused's failure to pay compensation despite opportunities weighed against leniency. The conviction, compensation and remaining imprisonment were maintained. en-us Tue, 02 Mar 2021 00:00:00 +0530 Tue, 09 Mar 2021 08:46:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=404957 An appellate court hearing an appeal against conviction under Section 138 of the Negotiable Instruments Act cannot add a further fine unless enhancement of sentence is lawfully sought; Section 386 CrPC permits alteration of sentence in an appeal from conviction but does not authorise punishment enhancement in the absence of such a request. The additional fine imposed for each count was therefore held illegal and was set aside. The custodial sentence was not reduced to the period already undergone because cheque dishonour carries both compensatory and deterrent elements, and the accused's failure to pay compensation despite opportunities weighed against leniency. The conviction, compensation and remaining imprisonment were maintained. Case-Laws Indian Laws Tue, 02 Mar 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=404957