https://www.taxtmi.com/caselaws?id=409894 In prosecutions for cheque dishonour under Section 138 of the Negotiable Instruments Act, sentencing should reflect the compensatory purpose of the provision, not merely punishment. Where fine is imposed, the criminal court may direct payment of compensation under Section 357(1)(b) CrPC, and the fine may be calibrated to secure payment of the cheque amount, up to the statutory limit of twice the cheque amount. A nominal fine unrelated to the cheque amount was treated as inconsistent with that object. The sentence was therefore enhanced to the cheque amount with an additional amount directed as compensation. en-us Thu, 04 Feb 2021 00:00:00 +0530 Thu, 22 Jul 2021 18:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=409894 In prosecutions for cheque dishonour under Section 138 of the Negotiable Instruments Act, sentencing should reflect the compensatory purpose of the provision, not merely punishment. Where fine is imposed, the criminal court may direct payment of compensation under Section 357(1)(b) CrPC, and the fine may be calibrated to secure payment of the cheque amount, up to the statutory limit of twice the cheque amount. A nominal fine unrelated to the cheque amount was treated as inconsistent with that object. The sentence was therefore enhanced to the cheque amount with an additional amount directed as compensation. Case-Laws Indian Laws Thu, 04 Feb 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=409894