HC: ‘Cheque Dishonour’ is not an offence against society, mitigating factors can be considered in sentencing [Read Judgement]

The Punjab and Haryana High Court recently ruled that the offence ruled that the offence of dishonor of a cheque is not an offence against the society thus the accused can have mitigating factors considered in sentencing.

Case of the Petitioner

The revision petitioner (accused) was convicted and sentenced to undergo rigorous imprisonment for two years. Additionally, he was directed to pay compensation equal to the amount dishonored, along with 9% interest per annum, from the date of cheque till the judgment date.

The appeal against the judgment of conviction was dismissed leading to the filing of a revision petition before the High Court.

When the revision petition was heard, the counsel for the petitioner confined his prayer to reduction in the quantum of sentence. Describing the petitioner as a “poor person”, it was argued that the accused was subjected to a protracted trial of almost ten years. Further he had undergone an actual sentence of a little more than a year. However the prosecution opposed the plea, urging the Court to confirm the full sentence imposed on the petitioner.

Reasoning of the Court

A Single – Bench of Justice Sudhir Mittal laid stress on the fact that the offence of cheque bouncing under Section 138 of the Negotiable Instruments Act was quasi- criminal in nature. Moreover, Section 147 of the Act even states that the offence is compoundable in nature. Moreover the Court stated that the question of sentencing was primarily the a matter of discretion in the absence of statutory provisions governing the same, Justice Mittal found that sentence imposed was supposed to be proportionate to the crime committed.

The sentence was also to be in accordance with the principles of deterrence, retribution or restoration, with mitigating and aggravating factors circumstances to be factored in, he observed.

The Court went on to note that the petitioner had been awarded the maximum sentence by the lower court, keeping in view the socio-economic nature of the offence. Further the principle of restoration was applied in ordering the payment of compensation with interest.

Therefore, the revision petitioner’s prayer for a reduction in prison time was accepted and the sentence was reduced to the period already undergone.

Case details

Before: Punjab & Haryana High Court

Case Title: Rakesh Kumar v. Jasbir Singh and other

Bench:  Hon’ble Mr. Justice Sudhir Mittal

Read Judgment @LatestLaws.com