The High Court dismissed an application seeking leave to appeal against an order imposing monetary penalty for cheque dishonour, holding the compensatory aspect prioritized over punitive imprisonment.
Application for leave to appeal dismissed; order below affirmed.
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CRM-A No.115-MA of 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-A No.115-MA of 2012
Date of decision : 16.07.2012
M/s Krishan K. Mittal & Cimpany
...Applicant-appellant
Versus
M/s Ludhiana Moulding Pvt. Ltd. and others
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Vikas Singh, Advocate, for the applicant-appellant.
JITENDRA CHAUHAN, J. (Oral)
The applicant has preferred this application under Section 378(4) of the Code of Criminal Procedure for grant of leave to appeal.
Heard.
The main grouse of the applicant is that the respondents have not been sentenced to imprisonment rather have been ordered to pay an amount of `44,700/- i.e. double the amount of dishonoured cheque, in spite of the fact that the respondent himself had admitted that he had got the payment of the cheque got stopped knowingly and willingly.
From the order dated 18.11.2011 on quantum of sentence,
CRM-A No.115-MA of 2012
the learned trial Court has categorically observed that with respect to the offence of dishonour of cheques, it is the compensatory aspect of the remedy which should be given priority over the punitive aspect. In the considered opinion of this Court, the grouse of the applicant stands redressed and no purpose would be served in case the respondents are sent behind the bars at this stage.
Hence, no ground for grant of leave to file an appeal is
made out.
Dismissed.
16.07.2012
atulsethi
(JITENDRA CHAUHAN) JUDGE
1 issue framed by the court
Whether leave to appeal against an order imposing monetary penalty instead of imprisonment for cheque dishonour is maintainable.
1 provisions across 1 enactments
M/s Krishan K. Mittal & Cimpany
M/s Ludhiana Moulding Pvt. Ltd.
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
