KAUSHALYA DEVI MASSAND versus ROOPKISHORE KHORE

KAUSHALYA DEVI MASSAND versus ROOPKISHORE KHORE

The gravity of the offence under Section 138 of the Negotiable Instruments Act, 1881, does not equate with offences under the Indian Penal Code; imposition of fine as compensation suffices, and only in default of payment is imprisonment appropriate, especially after a 14-year delay.

Parties
Appellant: Kaushalya Devi Massand; Respondent: Roopkishore Khore
Jurisdiction
India
Judgment Date
15 March 2011
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment
Outcome
Appeal partly allowed
Legal Topics
Negotiable Instruments, Dishonour of Cheque, Sentencing
Criminal Law Negotiable Instruments Dishonour of Cheque Sentencing

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Parties

Kaushalya Devi Massand

Appellant

Roopkishore Khore

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether jail sentence is mandatory for offence under Section 138 of the Negotiable Instruments Act, 1881
  2. 2 Appropriate quantum of compensation
  3. 3 Whether gravity of offence under Section 138 equates to other criminal offences

Ratio Decidendi

The gravity of the offence under Section 138 of the Negotiable Instruments Act, 1881, does not equate with offences under the Indian Penal Code; imposition of fine as compensation suffices, and only in default of payment is imprisonment appropriate, especially after a 14-year delay.

Court Disposition

Appeal partly allowed

Orders

  • Respondent to pay an additional sum of Rs.2 lakhs as compensation to Appellant, in addition to Rs.6 lakhs already directed.
  • Amount to be deposited in the Trial Court within two weeks.