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(2022) Law Today Live Doc. Id. 17130 = 2023(1) L.A.R. 89
Decided on: 13.10.2022
For Petitioner(s):
Mr. Amit Kumar Singh, AOR Mrs. K. Enatoli Sema, Adv. Ms. Chubalemla Chang, Adv. Mr. Prang Newmai, Adv.
For Respondent(s):
Mr. Kunal Chatterji, AOR Ms. Maitrayee Banerjee, Adv. Mr. Rohit Bansal, Adv.
Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Conviction u/s 138 of NI Act – Reduction in sentence – Cheque amount was Rs.70,000/- -- Sentence was to pay twice the amount of cheque and to suffer imprisonment for one month -- Amount of fine of Rs.1,40,000/- paid, sentence modified to Rs.1,40,000/- apart from the litigation expenses of Rs.50,000/- by setting aside the order of imprisonment for one month.
(Para 1-3
ORDER
1. The present special leave petition is filed against an order of Calcutta High Court passed on 16.09.2016 whereby the revision filed by the petitioners against the order of conviction for an offence under Section 138 of the Negotiable Instruments Act, 1881 was maintained. The petitioners were sentenced to pay twice the amount of cheque and to suffer imprisonment for a period of one month.
2. The cheque amount was Rs.70,000/- and in terms of interim order the amount of fine of Rs.1,40,000/- stands paid.
3. We have heard learned counsel for the parties and keeping in view the facts and circumstances of the case, the order of sentence i.e. twice the amount of cheque is modified to Rs.1,40,000/- apart from the litigation expenses of Rs.50,000/- by setting aside the order of imprisonment for one month. The remaining amount of fine be paid within four weeks from today.
4. With the above, the special leave petition is disposed of.
5. Pending application(s), if any, stands disposed of.
Order accordingly.
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