Man sentenced in cheque bounce case

Ms Anshul Berry, Judicial Magistrate (Class I), has convicted Darshan Lal, Director, M/s Darshan Forging Pvt Limited, in a cheque bounce case. The accused was sentenced to undergo one year imprisonment and a fine of Rs 2,000 was also imposed on him.

However, the court acquitted Madhu, a co-accused with an observation that it was not proved whether she was the Director of firm or not.

The complainant, Mr Surinder Kumar Sood had stated in the court that he was carrying on the business of iron goods at the Jaimal Singh Road, Janta Nagar, under the name of M/s Surinder Kumar Sood and sons. The accused have been purchasing goods from them and making part payments.

In order to discharge their legally enforceable liability, the accused issued a cheque for Rs 1,95,834 in September, 1994, with an assurance that the same would be encashed on presentation. But to his utter surprise when the cheque was presented for collection it was not dishonoured and returned with a memo of “stop payment’”. Thereafter legal notice was served but no payment was made by the accused, added the complainant.

On the other hand the accused, Darshan Lal had submitted that the goods supplied were defective. He had already intimated to the complainant, not to present the cheque in the bank. The co-accused, Madhu, pleaded that she was a housewife and had nothing to do with the affairs of M/s Darshan Forging.

After hearing the rival contentions the Judicial Magistrate said the defence plea seems to be an after thought. There was no proof to show that the goods supplied were defective. The accused had failed to prove his case, remarked the judge, while pronouncing the judgement.

courtesy:Sri Rajneesh Lakhanpal