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    <title>2023 (9) TMI 406 - KERALA HIGH COURT</title>
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    <description>A company representative with direct knowledge of the transaction and supporting prosecution records was held competent to conduct the prosecution, so the challenge to authorisation failed. Under Section 138 of the Negotiable Instruments Act, the court may impose fine up to twice the cheque amount, but that statutory ceiling cannot be exceeded by adding interest on the fine. The sentence was therefore held illegal only to the extent it included 9% interest on the fine amount, and it was modified to remain within the permissible limit while the conviction was maintained and compensation preserved.</description>
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      <description>A company representative with direct knowledge of the transaction and supporting prosecution records was held competent to conduct the prosecution, so the challenge to authorisation failed. Under Section 138 of the Negotiable Instruments Act, the court may impose fine up to twice the cheque amount, but that statutory ceiling cannot be exceeded by adding interest on the fine. The sentence was therefore held illegal only to the extent it included 9% interest on the fine amount, and it was modified to remain within the permissible limit while the conviction was maintained and compensation preserved.</description>
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