Supreme Court on cheque bouncing

THE Supreme Court has held that in the event of a cheque bouncing, if the sentence for the above offence under Section 138 of Negotiable Instruments Act is suspended, it is advisable that the courts impose a condition that the fine payable is remitted within a certain period.

If the fine amount is heavy, the courts can direct that at least a portion of it be remitted as the convicted person wants the sentence to be suspended during the tendency of the appeal.

This follows the verdict of the Kerala High Court in the case of Stanny Felix Pinto Vs Jangid Builders Pvt Ltd. When the concerned person was convicted under Section 138 of the Act and sentenced to imprisonment and fine, he moved the superior court for suspension of the sentence.

The Kerala High Court granted suspension of the sentence by imposing a condition that part of the fine shall be remitted in the court within a specified time. The Supreme Court has upheld this order. -- BL Research Bureau