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Head Note

The Negotiable Instruments Act, 1881  - Section 138

Dishonour of cheque - Notice served - Three months' time sought but no payment made - Complaint filed - Conviction for one year's SI, fine of Rs.5000 and compensation of Rs.2,20,000 ordered and confirmed by Additional Sessions Judge and High Court - Compensation amount deposited - 2 months sentence already served - Appellant a 51 years old, poor widow and only earning member in the family - Has two children to look after - Suffered from depression - Whether sentence imposed can be reduced - Fresh notice issued to respondent to show-cause why SLP may not be disposed of by passing appropriate orders - No appearance by Respondent - Held, in peculiar facts and circumstances of the case, sentence reduced to period already undergone.

Topic(s)-Dishonour of cheque

Important Decision(s)- NI Act - S 138 - Conviction for one year's SI, fine of Rs.5000 and compensation of Rs.2,20,000 - Compensation amount deposited - 2 months sentence already served - Sentence reduced to period already undergone.