Legal Question in Criminal Law in India

enhancement sentence/amount u/s 138

In 2000 SC in a case u/s 138 decided principal amount of cheque has been given, so showing some leniency in sentence and the accused was set free by imposing only Rs. 2000/- and further it is also stated that for remaining due amount of cheque civil remedy should be availed. On 06.02.2003 s 138 was amended adding one year imprisonment proved inadequate, it was enhanced upto two years. SC in 1972 decided when by amendment the punishment is enhanced, there should not be any leniency. SC also decided Multiplicity of proceedings should be avoided. In s 357 CRPC the amount may be given if it can be given by civil court. S 30, 79, 80, 117 NI Act, amount due on dishonored cheque is face value+18%p.a. interest+recovery cost. Natural justice also requires that the compensation for hearing dates should be given. But trial court depending upon SC case of 2000 and sidelining above all things demanded ruling of SC against it and decided that the face value of cheque should be compensated in default two months imprisonment. Can a revision be succeeded for enhancement of not only amount but sentence also specially after amendment or hope should be left because there is no SC ruling for enhancing the amount and sentence u/s 138 till date.

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