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Ashok Kumar vs. State of Rajasthan & Anr.

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Negotiable Instruments Act, 1881–Sec. 138–Probation of Offenders Act, 1958–Sec. 4–Whether the provisions of Sec. 138 of N.I. Act prohibits that the provisions of Sec. 4 would not be applied ?–Held, no–Since then offence is punishable with only two years imprisonment, trial Court would have to assign reasons for refusing to extend the benefit of probation–Petitioner is trying to misuse the process of law–Cost of Rs. 10,000/- is imposed.