https://www.taxtmi.com/caselaws?id=415207 In cheque dishonour sentencing, courts should exercise discretion under Section 138 of the Negotiable Instruments Act in line with the statutory object of deterrence and restitution, giving primacy to the compensatory element of the remedy. The article notes that Section 357 of the CrPC supports compensation to the payee and that a practical, realistic fine linked to the cheque amount, with due regard to interest and any amount already paid, is ordinarily preferred. Imprisonment should remain minimal unless circumstances require otherwise. The compensation imposed in the discussed matter was treated as inadequate and the sentence was sent back for reconsideration. en-us Mon, 22 Nov 2021 00:00:00 +0530 Tue, 30 Nov 2021 08:31:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=415207 In cheque dishonour sentencing, courts should exercise discretion under Section 138 of the Negotiable Instruments Act in line with the statutory object of deterrence and restitution, giving primacy to the compensatory element of the remedy. The article notes that Section 357 of the CrPC supports compensation to the payee and that a practical, realistic fine linked to the cheque amount, with due regard to interest and any amount already paid, is ordinarily preferred. Imprisonment should remain minimal unless circumstances require otherwise. The compensation imposed in the discussed matter was treated as inadequate and the sentence was sent back for reconsideration. Case-Laws Indian Laws Mon, 22 Nov 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=415207