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Supreme Court of India 2018-05-15 allowed

M.V. Amreeth vs K. Venkata Krishna & Anr

Bench: 2 — Kurian

In Brief

The appellant challenged an order by the High Court admitting a revision petition in a cheque dishonour case (Section 138, Negotiable Instruments Act) and imposing a condition requiring deposit of one-quarter of the cheque amount as a condition for suspending the sentence, despite the fine already being paid. The Supreme Court held that while revisional courts may impose conditions for suspension, such conditions must be warranted and proportionate. As the Magistrate had limited the fine to Rs. 10,000 (which was already paid), the additional deposit condition was unjustified and was vacated. The Court requested the High Court to dispose of the revision petition expeditiously.

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Criminal Procedure Negotiable Instruments Suspension of Sentence Section 138

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