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Judgement of appellate court to be challenged in criminal revision
28-Apr-2023 (In Cheque Bounce Law)
In a cheque bounce case, trial court awarded compensation of 5 lakhs and sentence of 6 months and the appellate court increased the compensation to 7.5 lakhs and reduced the sentence to 3 months only if he fails to pay Rs. 7.5 lakhs ithin 3 months citing apex court judgement of kaushalya devi vs Roopkishore Khore AIR 2011 SC 2566. Please help how to counter the aforesaid judgement to enhance punishment of 3 months ? please speak 8292501714.
As per your query You have raised the question with respect to counter the ruling of Supreme Court with reference to Section 138 of Negotiable Instrument Act 1881 in which SC reduced the punishment of accused. I have meticulously perusal the ruling and found that SC have not given any direction with respect to quantum of punishment inter alia nay given any direction to lower Court to reduce the punishment which is provided in Section 138 for punished with imprisonment for a term which may extend to [two years], or with fine which may extend to twice the amount of the cheque, or with both.
As per my opinion we have other option of criminal case in which we can impose more punishment.
30+
Adv. Anil Kumar Singh
Ranchi | 500+ Answers
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need to see the full judgement then only any thing relevant can be said...
you need to move to high courtbut before that need to do the home work done
for any query of help feel free to reply back
45+
Adv. Uttam Tibrewal
Ranchi | 200+ Answers
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