Businessman Will get 1-Yr Imprisonment In 2018 Cheque Bounce Case, Fined Rs 10 Lakh
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The court docket stated the accused failed to supply any possible proof to assist his claims.
If he defaults on paying the tremendous, he’ll face a further six months of straightforward imprisonment, the court docket stated. (Picture: Shutterstock)
A Thane court docket has sentenced a businessman to 1 12 months easy imprisonment in a cheque bounce case of 2018 and imposed a tremendous of Rs 10 lakh on him, directed it to be paid as compensation to the complainant.
The accused didn’t make the cost intentionally and therefore was not answerable for leniency, the eleventh Further Chief Judicial Justice of the Peace, A D Margode, noticed within the order handed on Monday.
If he defaults on paying the tremendous, he’ll face a further six months of straightforward imprisonment, the court docket stated.
As per the case, a Thane resident had given an interest-free pleasant mortgage of Rs 17 lakh to the accused in 2015 for his ice cream parlour enterprise.
The accused later repaid Rs 3.05 lakh, leaving a stability of Rs 13.95 lakh. To settle this legal responsibility, he issued six cheques, totalling Rs 15 lakh, within the identify of the lender’s minor daughter.
A dispute arose when two of the cheques, every of Rs 2.5 lakh and dated June 22, 2018, had been dishonoured by the financial institution involved, citing “account closed”.
Regardless of a authorized discover, the businessman didn’t pay the quantity, following which the minor lady lodged a grievance towards the accused in August 2018 beneath provisions of the Negotiable Devices Act.
The counsel for the accused claimed it was a false case, arguing the cheques had been merely for ‘safety’ and that he had not acquired the authorized discover.
The court docket stated the accused failed to supply any possible proof to assist his claims.
“Naked denial of the existence of legally enforceable debt or different legal responsibility can’t be stated to be ample to rebut the presumption and one thing which is possible must be introduced on report to shift the onus again to the complainant,” it stated.
The court docket discovered the ‘safety cheque’ defence with out advantage, declaring that the accused’s part-payment of over Rs 3 lakh acknowledged the existence of the mortgage transaction.
“It seems from the details and circumstances and proof earlier than the court docket that the accused anyhow needed to disclaim his legal responsibility for reimbursement of the quantity and prompted loss to the complainant,” Decide Margode noticed.
“He didn’t make the cost of cheque quantity intentionally. So the accused will not be answerable for the leniency,” the court docket added.
(This story has not been edited by News18 workers and is printed from a syndicated information company feed – PTI)
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Thane, India, India
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