A Delhi court has dismissed an appeal by an accused in a cheque bounce case against a Metropolitan Magistrate court order sentencing him to eight-month imprisonment and directing him to pay ₹6.8 lakh to the complainant.
Partap Singh had taken a loan of ₹5 lakh from the complainant, his cousin. The accused had issued a cheque of the same amount in his favour for repayment of loan with the condition that if he was unable to make the payment within a year the complainant would deposit the cheque at the bank concerned. Since the accused failed to repay the loan within a year, the complainant deposited the cheque.
It was returned with ‘funds insufficient’ remarks by the bank. The accused also failed to repay the loan even after issuance of a legal notice by the complainant demanding repayment of his money.
Financial capacity
Thereafter, the complainant filed a case in court under the Negotiable Instruments Act. In the appeal, the accused’s main plea was that the complainant had failed to prove that he had the financial capacity to give a loan of the said amount.
Dismissing the plea, Additional Sessions Judge A.K. Jain said, “Both the parties appear to have properties and a dispute over properties is also going on between them. Though the complainant did not place any documentary evidence regarding the fact that he had given a loan of ₹5 lakh in the nature of Income-Tax returns or books of account, it also cannot be inferred that the complainant is a person having no means.”
“On overall appreciation of the evidence, the complainant discharged the initial burden of proof. However, the appellant is not able to discharge the onus cast upon him. The complainant is able to prove that the impugned cheque was issued for discharge of legally enforceable liability,” the judge said. “The trial court passed a reasoned and detailed impugned judgment and considered all material pleas. I find no infirmity in the impugned judgment and order on sentence. Hence, present appeal stands dismissed and the appellant [Partap] is directed to surrender before the trial court by June 8, 2018,” the judge said, dismissing the appeal.