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Posted at: Jun 9, 2019, 7:05 AM; last updated: Jun 9, 2019, 10:45 AM (IST)

Cheque bounce: Jail, fine double the sum

Mohali woman had issued two cheques for Rs 3.80 lakh last year
Cheque bounce: Jail,  fine double the sum
Representational image

Tribune News Service

Chandigarh, June 8

A local court has sentenced a resident of Mohali to six-month rigorous imprisonment (RI) in two cheque bounce cases. The court also ordered the convict to pay double the amount of the cheques to the complainant within two months or undergo further imprisonment of one month.

“Punishment should serve as a lesson for others. In this case, ends of justice will best be served if the convict is directed to pay compensation to the tune of double the amount of the cheques to the complainant,” stated Judicial Magistrate (First Class) Punita Bashamboo in the judgement.

TS Sudan, the counsel for complainant Jagjit Singh, a resident of Phase XI, Mohali, argued that Sarabjit Kaur, also a resident of Phase XI, Mohali, took a friendly loan of Rs 3.80 lakh from time to time from the complainant through cheques as well as by cash, which she required for her personal needs and for her husband’s gold business.

In September 2016, the complainant went to the accused to get his money back. She promised to pay Rs 3.80 lakh in installments.

In order to discharge her legal liability, the accused issued a cheque for Rs 2 lakh on April 2, 2018, and another cheque for Rs 1.80 lakh on April 10, 2018, in favour of the complainant.

The complainant presented the cheques in his bank, but these were dishonoured with the remark, “Account Closed”. Later, a legal notice was served on the accused, but still she did not make the payment.

After taking the preliminary evidence of the complainant, the accused was summoned for the commission of offence under Section 138 of the Negotiable Instruments Act by the Judicial Magistrate (First Class). The notice of accusation was served on the accused on November 12, 2018, to which she pleaded not guilty.

In her statement, the accused denied all allegations. She pleaded false implication and stated that no legal liability was due against her.

The court convicted Sarabjit Kaur in both cases and directed her to undergo rigorous imprisonment (RI) for a period of six months each for commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and to pay compensation of Rs 3.60 lakh (twice the amount of Rs 1.80 lakh) and Rs 4 lakh (twice the amount of Rs 2 lakh) in terms of Section 357 (3), CrPC, to the complainant within two months. In default of payment of compensation, the convict will further undergo RI for one month.

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