https://www.taxtmi.com/caselaws?id=791226 In section 138 Negotiable Instruments Act matters, default imprisonment for non-payment of compensation must stay within the statutory ceiling and cannot be treated as an additional punishment. The Bombay High Court noted that the maximum default term is six months under the relevant statutory framework, so a 12-month default sentence in each complaint was beyond power and was set aside to that extent. It further stressed that default incarceration must be proportionate and fair under Article 21; where substantial custody has already been undergone and recovery remains available through execution, continued detention is unjustified. The default sentence was therefore reduced to the period already undergone. en-us Tue, 05 May 2026 00:00:00 +0530 Fri, 08 May 2026 07:29:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=791226 In section 138 Negotiable Instruments Act matters, default imprisonment for non-payment of compensation must stay within the statutory ceiling and cannot be treated as an additional punishment. The Bombay High Court noted that the maximum default term is six months under the relevant statutory framework, so a 12-month default sentence in each complaint was beyond power and was set aside to that extent. It further stressed that default incarceration must be proportionate and fair under Article 21; where substantial custody has already been undergone and recovery remains available through execution, continued detention is unjustified. The default sentence was therefore reduced to the period already undergone. Case-Laws Indian Laws Tue, 05 May 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=791226