In Brief
The Supreme Court upheld the appellant's conviction under Section 138 of the Negotiable Instruments Act for dishonoring a cheque, but modified her sentence. The appellant, a 24-year-old schoolteacher and sole breadwinner with a monthly salary of Rs.4,000, faced 2 months imprisonment in addition to a fine and compensation of Rs.6 lacs already paid. The Court found that the trial and appellate courts had failed to consider her financial hardship and the consequences of job loss for her family. Rather than impose imprisonment, the Court substituted an additional monetary compensation of Rs.50,000 payable within three months, with the original imprisonment order revived only upon default."
The lawyer headnote and full judgment text are available to registered users.