Topic

default sentence

2 articlesLatest July 2026
Section 427 CrPC | Substantive Sentences for Multiple Section 138 NI Act Offences May Run Concurrently, But Default Sentences for Fines Remain Consecutive : Rajasthan HC
Case Law Analysis
|Rajasthan High Court

Section 427 CrPC | Substantive Sentences for Multiple Section 138 NI Act Offences May Run Concurrently, But Default Sentences for Fines Remain Consecutive : Rajasthan HC

The Rajasthan High Court has ruled that when a person is convicted under Section 138 of the Negotiable Instruments Act in multiple cases, the substantive prison terms may be ordered to run concurrently to avoid excessive incarceration. However, any default sentences arising from unpaid fines or compensation must still be served consecutively, preserving the deterrent effect of financial penalties. This clarifies sentencing practice for repeat cheque bounce offenders across India.

Section 138 NI Act | Default Sentence Capped at One-Fourth of Maximum Punishment; Consecutive Default Terms Must Reflect Time Served : Bombay HC
Case Law Analysis
|Bombay High Court

Section 138 NI Act | Default Sentence Capped at One-Fourth of Maximum Punishment; Consecutive Default Terms Must Reflect Time Served : Bombay HC

Bombay High Court rules that default sentences for dishonoured cheques under Section 138 NI Act cannot exceed six months per complaint and must be set off against time already served, ensuring proportionality under Article 21. The judgment mandates that total default imprisonment across multiple complaints must not exceed one-fourth of the maximum punishment, impacting sentencing in financial offence cases.

Continue exploring