138 NI Act: Court can’t impose Fine of Double the Cheque Amount unless justified, Read HC Judgment
Brief facts: The accused challenged the validity of the order of conviction and sentence, under which the accused is sentenced to pay double the cheque amount to the complainant, in the High Court of Karnataka. The order of conviction and sentence was passed by Additional Chief Metropolitan Magistrate, Bengaluru which was confirmed by Additional City Civil & Sessions Judge for the offence punishable under section 138 of the Negotiable Instruments Act.
Counsel for the petitioner requested for the reduction of sentence as the learned trial magistrate has imposed the double the cheque amount without assigning any reasons in the impugned judgment.
Counsel for the respondent impressed upon the court that the imposition of double the cheque amount is justified as the incident is of the year 2013.
Court Observations
A single judge bench of Justice V Srishananda while reducing the fine amount from Rs. 3,00,000/- to Rs. 2,25,000 observed in the judgement that no special reasons are assigned to the decision of imposition of fine double the amount of cheque amount by the learned trial court.
It is a settled principles of law and requires no emphasis, that the role of the Court in convicting an accused is different from the role of the Court while passing the appropriate sentence in a given case.
It is equally settled principles of law and requires no emphasis that every decision should be based on reasons in as much as reasoning in the heartbeat of a judgment. In the case on hand, no reason whatsoever is forthcoming for the imposition of the double the cheque amount by the Trial Magistrate much less special reasons. So also learned judge in the First Appellate court has not assigned any reason to confirm the sentenced imposed by the Trial Magistrate.
Read Judgement:
