Businessman gets one-year jail term in cheque bounce case

CHANDIGARH: The Chandigarh district court awarded one-year jail term to a resident of Mansa Devi Complex, Panchkula guilty in a cheque bounce case. The court directed him to pay fine of Rs 4 lakh.
Complainant Jai Gopal Bhasin, a resident of Sector 28 A, Chandigarh, alleged that in January 2015, he gave Rs 2 lakh to Chakshu Sharma, proprietor of Shree Kanhaiya Enterprises as loan, when he was in need of money. He said that Chakshu had suffered a huge loss in business and even went to Ambala Jail, so he approached him for financial help.
In order to discharge his liability, Chakshu issued two cheques dated June 15, 2015 and June 22, 2015 of Rs 1 lakh each. Both drawn on Canara Bank, Panchkula. But the cheques were dishonoured because of insufficient funds in his account.
When Jai brought the matter to Chakshu's notice, he assured that the cheques can be encashed at a later date. But cheques were again dishonoured.
Following which, in September 2015, a legal notice was served to him. The accused pleaded that he has not received any legal notice and the complaint is false. The court observed that the legal presumption which was already in favour of the complainant stands at rest as the accused has miserably failed to rebut the same to the satisfaction of the court.
Pronouncing the conviction, it ordered "no leniency can be shown to convict. "In this case, justice would best be served if the convict is directed to pay compensation to the tune of double the amount of cheque to the complainant." The convict is sentenced to undergo rigorous imprisonment for a period of one year for commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Further he is to pay a compensation of Rs 4 lakh i.e. twice the amount of two cheques to the complainant within two months.