Judgment by Trial Court
1 Judgment passed by Civil Court is binding on Criminal Court.
2 In every trial, to seek acquittal, Accused has to satisfy the Court that, either, cheque was issued under threat, or it was stolen; and / or that there is no debt or liability qua subject cheque.
3 Unless there were special circumstances, in all cases of conviction, the Court should levy fine up to twice the cheque amount; or the simple interest at 9% per annum.
4 The fine imposed by Court can be recovered from the legal Representatives / Heirs of deceased convict.
5 A Judgment of Civil Court, disallowing the claim of complainant, would prevail over conviction rendered by criminal Court; and Accused should be acquitted.
6 Even though a default sentence has been suffered, yet, compensation would be recoverable in the manner provided under Section 421(1) of CrPC.
7 When the company is found not guilty of the offence, the Managing Director cannot be held vicariously liable.
8 Only when the conviction arise out of the single transaction, concurrent sentencing would be merited.
9 Post the conviction of the Accused, if the parties have entered into settlement Agreement, it is akin to compounding of offence; and the Court cannot convict the Accused.
10 The amount of sentence of fine should not be less than the cheque amount and should not be more than double the cheque amount.
11 The complainant may file Revision u/s 401 of CrPC, for enhancement of sentence of fine or imprisonment.
12 Any order passed during the course of Trial, which may frustrate the entire Trial, may be challenged under Revisional jurisdiction u/s 397 before Sessions Court or u/s 401 before High Court.