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    <title>2023 (8) TMI 785 - CALCUTTA HIGH COURT</title>
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    <description>Additional evidence at the appellate stage was properly refused where the accused had been given an opportunity to lead defence evidence but did not use it, and his reply to the demand notice did not disclose the alleged part-payments. The default imprisonment attached to the compensation order was held unsustainable because imprisonment in default must remain within the statutory ceiling applicable to the offence under Section 138 of the Negotiable Instruments Act read with Section 30 of the Code of Criminal Procedure. Conviction and compensation were maintained, but the default sentence was set aside to the limited extent required by law.</description>
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      <description>Additional evidence at the appellate stage was properly refused where the accused had been given an opportunity to lead defence evidence but did not use it, and his reply to the demand notice did not disclose the alleged part-payments. The default imprisonment attached to the compensation order was held unsustainable because imprisonment in default must remain within the statutory ceiling applicable to the offence under Section 138 of the Negotiable Instruments Act read with Section 30 of the Code of Criminal Procedure. Conviction and compensation were maintained, but the default sentence was set aside to the limited extent required by law.</description>
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