Supreme Court of India
Somnath Sarkar v. Utpal Basu Mallick & Anr.
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From the headnote
NEGOTIABLE INSTRUMENTS ACT, 1881: s. 138 of N. I. Act r/w s.357(3) CrPC - Dishonour of cheque c - Conviction - Sentence of six months simple imprisonment and to pay compensation to complainant, affirmed by Sessions Judge - High Court in revision filed by accused, substituting six months sentence by imposing a further sum equivalent to cheque amount - Held: High Court was 0 competent to impose a sentence of fine only upon accused - - It has rightly set aside the sentence of imprisonment - However, as the amount of fine imposed by High Court over and above the amount of compensation exceeds
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