Can Magistrate of First Class under section 138 of the Negotiable Instrument Act impose twice the amount of cheque by way of fine with or without imprisonment in a cheque bouncing case ?
Reply is yes. It is evident from the reading of Sub-Section (3) of section 357 of the Code, that where the sentence imposed does not include a fine, that is, where the sentence relates to only imprisonment, the court, when passing judgment, can direct the accused to pay, by way of compensation, such amount as…