NEGOTIABLE INSTRUMENTS ACT, 1881

Section 138

Dishonour of cheque - Application against judgment of sentence - Imposition of jail sentence not mandatory for offence under section 138 - Allowability

Cheque holder filed complaint under section 138 against drawer. Trial Court passed judgment of conviction and sentenced him to simple imprisonment and to pay fine of Rs. 10,000, which was upheld by Sessions Court. The drawer filed revision applicant against the judgment on the ground that sentence awarded was on higher side as the jail sentence was not mandatory in view of the language employed in section 138. Held: There is a discretion left with Criminal Court either to sentence accused with imprisonment or to punish the accused with the sentence of fine upon considering the facts and circumstances of the case. Imposition of jail sentence is not mandatory for offence under section 138. The Trial Court as well as lower Appellate Court using their discretion convicted the drawer under section 138 and sentenced to serve simple imprisonment. However, this Court deemed fit to modify the sentence part of simple imprisonment of three months and fine of Rs. 10,000 to only fine of Rs. 35,000 by using its revisional jurisdiction. Thus, the jail sentence of the drawer was modified.

REFERRED :

FAVOUR : Partly in favour of applicant

A.Y. :

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