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Cheque-Bounce Not An Offence Against Society, Accused Can Escape Punishment By Compounding: P & H HC Reduces Imprisonment on Account Of Mitigating Factors

“Cheque bounce is not an offence against society and an accused can escape punishment by settling with the complainant”, observed the Punjab and Haryana Court. The Single Bench expressed that in imposing a sentence under Section 138 of the Negotiable Instruments Act, while the Court must be alive to the concern of the Legislature in inserting Chapter XVII in the Act and then amending the provisions thereof to make the same more stringent as well as the jurisprudential principles of deterrence and restoration, the court cannot lose sight of the fact that the offence is “quasi criminal” in nature.

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