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1 - 3 of 3 (0.17 seconds)R. Vijayan vs Baby & Anr on 11 October, 2011
9. As regards the question of sentence, it is seen that the trial
court has sentenced the petitioner to undergo simple for a period of six
months and to pay a fine of Rs.3,75,000/- and in default thereof, to
undergo simple imprisonment for a period of two months and the fine
amount was directed to be disbursed as compensation to the
complainant in terms of under 357(1)(b) of the Cr.P.C. The appellate
court has reduced the substantive sentence of simple imprisonment for
6 months to imprisonment till the rising of the court. The fine amount of
Rs.3,75,000/- with the default sentence clause has been confirmed by
the appellate court. Therefore, the substantive sentence of
imprisonment till the rising of the court and the fine amount which is only
equal to the cheque amount are said to be in any manner excessive or
disproportionate. On the other hand, the courts below have been quite
liberal in not awarding any interest, as it has been held in many
decisions by the Apex Court as in R.Vijayan v. Baby and another
reported in (2012) 1 SCC 260. Apart from the cheque amount, the
criminal court would award even interest @9% on the cheque amount
Crl.R.P.601/15 ::7::
The Code of Criminal Procedure, 1973
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