Accused in Rs 9-lakh cheque-bounce case lands in jail

Rajneesh Lakhanpal

Legal Correspondent

Ludhiana Feburary 22

The Court of Additional Sessions Judge, Rajeev K Beri, has sent an accused in Rs 9 lakh cheque bounce case to jail. Dismissing the appeal against conviction, the court sent accused Varun Kumar (32), a resident of Kishore Nagar, Tajpur Road, for serving the sentence of one year awarded by a trial court.

“No illegality or perversity of any kind has been found in the impugned judgment and order,” observed the court while passing order.

“Taking into account all these circumstances and conduct of appellant, I do not find any reason to decrease the quantum of sentence imposed by the trial court,” observed the appellate court.

Earlier, the court of Judicial Magistrate Navreet Kaur convicted the accused in a complaint moved by Balwinder Kumar, son of Mohalla Bajrain, Division No. 3, Ludhiana.

In his complaint, the complainant submitted that the accused in partial discharge of his legally enforceable liability towards the complainant had issued a cheque for Rs 9 lakh in March 2015. It was assured that the cheque would be honoured by his banker as and when presented.

But when the complainant presented the cheque to bank of the accused, it was dishonoured with the remarks that funds in the account of the accused were insufficient. The complainant then served accused with a legal notice asking him to clear the cheque amount but to no avail.

The accused had pleaded false implication while adding that the cheque in question as well as one more cheque was stolen from his house by the complainant. One of these was misused by him and other one was misused by his brother, who filed a separate complaint, alleged the accused. He also pleaded that on the date mentioned on the cheque in question he was not in India.

After perusing the evidence, the court held that the accused failed to prove his alleged plea of theft and out of India when the cheque was issued. After appreciating the evidence on record, the court found accused guilty and sentenced him accordingly.

Similarily, the same court also dismissed his another appeal against conviction of one year in another cheque bounce case of Rs 9 lakh on the complaint of Varun Kumar of Mohalla Bajrian.