Question: WHETHER P.O ACT 1958 WILL APPLY ON N.I ACT 1872 (SECTION138)?
Answer: If the trial Court comes to the conclusion that the accused is guilty, then it is open to the learned Judicial Magistrate to take into consideration about the payment made by the accused and also take into consideration the other factors and to show leniency while sentencing the accused. Even the learned Judicial Magistrate may apply the relevant provision u/s 3 of the Probation of Offenders Act and admonish him, subject to Section 361 of Code of Criminal Procedure [P.S. SETHURAMAN vs P. ELAVAZHAGAN – (2010) 1 LW(Cri) 697=(2010) 1 MWN(Cri) DCC 80=(2010) 3 MLJ(Criminal) 313]. Also: KUMARAN vs STATE OF KERALA – (2017) 6 Scale 62=(2017) 7 SCC 471=(2017) 3 SCC(Cri) 431].
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