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RAJNEESH AGGARWAL V / S AMIT J BHALLA A.I.R. 2001 S. C. 518 [D. B.] Once the offence of dishonor of cheque is complete, any payment made subsequently there to, will not absolve the accused from the liability of criminal offence though it may have some effect in awarding the sentence.
STANNY FELIX PINTO V/S M/S JANGID BUILDERS PVT.LTD. A.I.R. 2001 S. C. 659 When a person is convicted under section 138, and the superior court is moved for suspension of sentence , it is advisable that the court imposes a condition that the fine part is remitted within a certain period. If the fine amount is heavy ,The court can direct at least a portion of it is paid
PANKAJ BHAI NAGJIBHAI PATEL V/S STATE OF GUJRAT A.I. R. 2001 S. C.5 6 7 The non obstante clause provided in the section 142 does not extend the powers of the judicial magistrate first-class beyond section 29 [2] CR PC that is imprisonment of 3 years and fine of rupees 5000. Therefore the judicial magistrate first-class is not empowered to impose a sentence of fine more than rupees 5000 whenever the judicial magistrate first-class finds that the facts and circumstances of the case warrant more heavier punishment than imposing a fine of rupees 5000, he has a recourse to section 325 CR PC or he can resort to section 357 CR.P.C as suggested in HARI SINGH V/S SUKHBIR SINGH 1988 [4] SCC 551, and award compensation to the complainant
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Copyright © 2001 rajeev bhatjiwale
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