Supreme Court of India
Pankajbhal Nagjibhai Patel v. The State of Gujarat and Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In the result, while retaining the sentence of imprisonment of six months we delete the fine portion from the sentence and direct the appellant to pay compensation of Rs. 83,000 to the respondent-complainant.
Judgment, page 8
From the headnote
Negotiable Instruments Act, 1881/Criminal Procedure Code, 1973- Sections 138 and 142/Sections 5, 29(2), 325 and 357-Scope of power of Magistrate of First Class for imposition of fine-Held, the power cannot exceed the iimitation imposed under section 29 of the Code; however, no limitation imposed under sectiof! 357 for award of compensation. Appellant was convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to imprisonment for six months with a fine of Rs. 83,000 by Judicial Magistrate of First Class. The conviction and sentence were confirmed by Sessions Judge and
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Where later benches applied it
Of those, 1 referred to
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