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july 2012

Supreme Court of India · 2012-07-25

Nihali Devi vs State Govt. Of Nct Of Delhi & Anr

Court
Supreme Court of India
Petitioner
Nihali Devi
Respondent
State Govt. Of Nct Of Delhi & Anr
Author
Aftab Alam
Bench
H.L. Gokhale, Aftab Alam

Judgment text excerpt

The Supreme Court held that the appellant's conviction under Section 138 of the Negotiable Instruments Act, 1881 was maintained, but the two-year sentence was deemed unduly harsh given her age and tragic personal circumstances, including the loss of her children and financial difficulties. The Court noted that the High Court should have considered condoning the delay in filing the revision petition, but ultimately decided against remitting the case for further examination to avoid prolonging the matter. The appellant had deposited the full compensation amount, allowing the complainant to withdraw it.

Nihali Devi vs State Govt. Of Nct Of Delhi & Anr · Niyam