Tribune News Service

Chandigarh, August 14

Gurdeep Kaur, Judicial Magistrate First Class (JMIC), has sentenced a Sector 24 resident, Vinod Kumar, to undergo one-year rigorous imprisonment in a cheque-bounce case.

The court also directed the convict to pay a compensation of Rs1.50 lakh to the complainant. In case of default of payment of the compensation amount, the convict will have to undergo an additional simple imprisonment of six months.

Anil Kumar, a city resident, had filed the case through counsel Paras Money Goyal against Vinod Kumar under Section 138 of the Negotiable Instruments Act, 1881.

In his complaint, Anil said the accused took a friendly loan of Rs2 lakh from him and assured to pay it in August, 2017. The accused issued a cheque on August 21, 2017, drawn on State Bank of India, Sector 12, Chandigarh, for a sum of Rs2 lakh in the favour of the complainant. When he presented the cheque for encashment, it was dishonoured on August 24 with the remarks “Funds Insufficient”.

The complainant said he served a legal notice on the accused on August 25. Since the accused failed to pay the amount to the complainant within the statutory period, he was constrained to file the complaint before the court.

In preliminary evidence, complainant himself appeared as a witness. He also tendered his affidavit along with the documents and closed his preliminary evidence.

On appraisal of the preliminary evidence adduced by the complainant, the accused was summoned to face trial. On appearance, accused Vinod was admitted to bail and a notice of substance of accusation was served upon him.

The accused pleaded not guilty and claimed trial. The accused took the plea that he never borrowed a sum of Rs2 lakh from the complainant. Therefore, no legal liability exists towards him against the cheque in question.

After hearing the arguments and examining the records, the court observed that the complainant had succeeded in proving its case. While holding the accused guilty of offence punishable under Section 138 of the Negotiable Instruments Act, the court sentenced the convict to undergo rigorous imprisonment for a period of one year.

The court has also directed the convict to pay Rs1.50 lakh as compensation to the complainant. In default of the payment of the compensation amount, the convict will undergo an additional simple imprisonment for six months.