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SHAMPA DUTT (PAUL)
Shib Sankar Sarkar – Appellant
Versus
Nabo Kumar Singha – Respondent
JUDGMENT :
(Shampa Dutt (Paul), J.) :
1. The present revision has been preferred against the Judgment and Order dated December 19, 2019 passed by the Learned Additional Sessions Judge, Ranaghat, Nadia in Criminal Appeal No. 1 of 2019 affirming thereby the order of Conviction and partially modifying the Sentence passed by the learned Judicial Magistrate, 2nd Court, Ranaghat in C Case No. 61 of 2012 with a direction upon the appellant/accused to undergo simple imprisonment for 6 (six) months only in default of payment of the double of the cheque amount of Rs. 1,20,000/-within 1 (one) month from the date of the order and set aside the substantive sentence.
2. The petitioner’s case is that the petitioner is a businessman by occupation. On June 19, 2012 the Opposite Party lodged a complaint against the petitioner under Section 138 of the Negotiable Instruments Act. It was alleged in the complaint that the petitioner received a sum of Rupees 1,65,000/-from the complainant for constructing a 2 storied building at Gagan Babur Bazar, within the jurisdiction of Taherpur Police Station. The petitioner agreed to deliver the possession of a shop room from the said construction to the opposite p
The court held that sentences for dishonored cheques can run concurrently if they relate to a single consolidated debt, supported by judicial discretion under Section 427 of the Code of Criminal Proc....
The term of imprisonment in default of payment of compensation under Section 138 of the Negotiable Instruments Act cannot exceed one-fourth of the maximum term of imprisonment for the offense.
The compensatory nature of the offense under Section 138 of the NI Act and the legislative intent to deter dishonour of cheques influenced the court's decision in setting aside the additional fine im....
Default imprisonment for non-payment of compensation in Section 138 NI Act cases capped at six months per complaint; consecutive terms across multiple cases modified to period already undergone where....
The main legal point established is that the Appellate Court cannot enhance the sentence by ordering compensation in the absence of an appeal by the complainant.
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