If a person convicted for issuing a cheque without balance in his bank account is ordered to pay compensation to the payee, he can be sentenced to imprisonment under Section 357(3) of the Criminal Procedure Code, the Supreme Court has held in the case, K A Abbas Vs Sabu Joseph. In this case, the court asked the drawer to pay Rs 5 lakh as compensation for issuing a cheque which bounced.

The drawee did not pay. So he was sentenced to two months more for the default. The Kerala high court reduced it to imprisonment till the rising of the court. Both parties appealed to the Supreme Court, the payee arguing that the sentence was minimal. The court ruled that sentence of imprisonment can be imposed in such cases.

NF

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0 Comments

  1. Advocate says:

    Original Message appears to have been posted by person who does not understand the difference between drawer, drawee and payee. How “Drawee” i.e. bank can be sentenced to imprisonment. It must be read as the “drawer” was sentenced to imprisonment

  2. Pratik says:

    Drawer means the one who draws the cheque i:e the giver of money.
    refused to pay the compensation(Rs5 lacs) as ordered by the court so the court
    Increased the punishment by 2 more months.
    Drawee means The bank.

  3. Nandha says:

    Pls correct the sentence in inverted commas as I am not able to understand this “In this case, the court asked the “drawer” to pay Rs 5 lakh as compensation for issuing a cheque which bounced. The “drawee” did not pay. So he was sentenced to two months more for the default.

    Pls Correct me if I am wrong

    Nandha

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