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Monday, October 17, 2011
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IMPOSING FINE MAY BE THE PROPER REMEDY IN 138 CASES
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The Supreme Court of India opined that the imposition of fine on accused will be the proper relief for the Complainant and advised the Law Commission of India to consider the matter on these lines. As on today, there is no uniformity in the quantum of punishment in cheque bouncing cases. Some judges are giving 2 months imprisonment for 10 lakhs amount and some of the judges imposing 6 months jail for one lakh amount. The Apex court suggested the above move to bring uniformity and also to provide suitable remedy to the aggrieved.
There is more than 30 lakh cheque dishonour cases are pending in our courts. In almost all cases, there will be a connected civil case for the recovery of the amount. The present judgment of the Supreme Court will certainly pump oxygen to the long pending discussion on the amendment of the Negotiable Instruments Act to provide a one stop remedy for the punishment of the accused as well as the recovery of the amount.
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