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Negotiable instrunment act, sec 138

(Querist) 03 July 2015 This query is : Resolved 
plz help me out with the situation here--
suppose a cheque of value 20,000 is presented to the bank and the same is dishonoured on account of insufficient fund.
The Ld. magistrate of first class awarded Rs. 5000 as a fine and imprisonment.
since sec-138 provides that the maximum fine that could be imposed is twice the amount of cheque.
sec 29 of Cr.p.c provides that a maximum fine that a first class magistrate can impose is 5,000.
what remedies lies to the complainant to enhance the amount of fine.
P. Venu (Expert) 03 July 2015
JFMC, at present, can impose fine upto Rs.10000/-
P. Venu (Expert) 03 July 2015
JFMC, at present, can impose fine upto Rs.10000/-
SAINATH DEVALLA (Expert) 03 July 2015
Yes, the MM can impose a fine of 10,000.and it is his discretion.
DEFENSE ADVOCATE.-firmaction@g (Expert) 03 July 2015
Do not remain over confident and accept whatever is awarded.

The cheque law has become like and old dress which is being repaired again and again by amendments., and so creating more complications.

One problem is repaired few more crop up.

The present amendment by ORDINANCE gives more and better opportunities far any accused even convicted to come out with proper legal help.
khalid jaffrey (Querist) 03 July 2015
Thank u all for valuable insight. but my query remains, the value of cheque is 20,000. suppose the JMFC imposed fine of Rs. 10,000 but the maximum fine that could be imposed is twice the value of cheque.
so the fine clould be more than 20,000. so whats steps to be taken to increase the fine from 10,000 as imposed by JMFC to more than 20,000.
DEFENSE ADVOCATE.-firmaction@g (Expert) 03 July 2015
Same court can not do any thing so you have to go in revision.

There after the accused will also have opportunities to oppose even the trial court order.

And if the accused gets proper legal help there are possibilities of the lower court order being set aside., due to various complications now developed in cheque law.
Rajendra K Goyal (Expert) 03 July 2015
Agree with the advise of expert ADVOCATE DEFENSE.
SAINATH DEVALLA (Expert) 03 July 2015
As the cheque amount is small don't keep on dragging the case in different courts and waste time and money.
Dr J C Vashista (Expert) 04 July 2015
The Court (JMFC)can impose fine u/s 29 Cr. PC of Rs. 5,000/- (to be deposited in Court); double the cheque amount (for compensation of complainant u/s 357 Cr PC) and two years imprisonment or any/all.
You should move a revision petition before Sessions Court.
P. Venu (Expert) 04 July 2015
Presently, JFMC, in terms of Section 29CrPC can impose fine up to Rs.10000/-

However, u/s 357(3) the Court can order adequate compensation when imposing a sentence of which fine does not form a part.
SAINATH DEVALLA (Expert) 04 July 2015
Rightly advised by the above experts


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