quantum of
imprisonment, the Court is empowered to take into consideration
mitigating circumstances, as well as the aggravating circumstances."
5 of 8
::: Downloaded ... accordance with jurisprudential justification such as
deterrence, retribution or restoration. Mitigating circumstances as well as
aggravating circumstances should also be kept in mind.
To determine
civil suit, it would be helpful only as a mitigating circumstance while imposing sentence under Section 138 of Negotiable Instruments Act.
8. Then coming
State vs . (1) Sardar Bhupender Singh on 20 October, 2012
IN THE COURT OF Dr
warded to him by the trial Court.
Keeping in view the mitigating circumstances noted above, this
Court is of the considered view
accordance with law at the best it may be a mitigating circumstances to be taken into consideration and hence the said findings recorded ... said payment, the Apex Court held that it would be a mitigating factor.
20. In O. P. Dholakia v. State of Haryana (supra) wherein
accused prayed for leniency given the nature of offence and
the mitigating circumstances under which the offence is seen to
have been committed this Court
civil suit, it would be helpful only as a mitigating circumstances while imposing sentence under Section 138 of Negotiable Instruments Act.
8. Then coming
offence is complete. Subsequent repayment
can be considered only as a mitigating circumstance.
But, it seems that the learned Magistrate while
dismissing the complaint
partner of
the accused No.1. There is no mitigating
circumstances brought on record by the accused
No.1 and 2 to show any leniency
Complainant
and the Accused could at themost be taken
as mitigating circumstances in favor of the
Accused for the purpose of sentence, and
nothing more
