Where a single transaction results in the issuance of multiple cheques and consequently multiple…
Published
Where a single transaction results in the issuance of multiple cheques and consequently multiple complaints under Section 138 of the Negotiable Instruments Act, the Court cannot impose separate default sentences in each case. Imprisonment awarded in default of payment is not a substantive criminal punishment but a regulatory and coercive mechanism intended to secure compliance with the monetary liability arising from the dishonoured cheque. Therefore, multiple default sentences stemming from the same transaction cannot be imposed in a manner that results in disproportionate incarceration.