PANKAJ NAGJIBHAI PATEL vs STATE OF GUJARAT

The Supreme Court addressed the issue of sentencing authority of a Judicial Magistrate of first class under Section 138 of the Negotiable Instruments Act, 1881, and Section 29(2) of the Code of Criminal Procedure, 1973. The Court held that the non-obstante clause in Section 142 of the NI Act allows a Judicial Magistrate to impose a fine exceeding Rs. 5,000, thereby overruling the limitation established in K. Bhaskaran vs. Sankaran Vaidhyan Balan. Consequently, the conviction and sentence imposed by the lower courts were upheld, affirming the Magistrate's authority to impose a higher fine under the NI Act.