Haryana cop gets 2-year rigorous imprisonment in cheque-bounce case

Chandigarh, November 16

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Tarun Kumar, Judicial Magistrate First Class, Chandigarh, has sentenced a sub-inspector of the Haryana Police to undergo two years of rigorous imprisonment in a cheque-bounce case.

The court has also directed the convict, Bikker Singh, to pay a compensation of the cheque amount (Rs 14.66 lakh) to the complainant within two months.

In a complaint filed under Section 138 of the Negotiable Instruments Act, through advocate Gurditt S Saini, Ram Rattan, a resident of Mori Gate, Mani Majra, stated that he and the accused worked in the same department and had friendly relation with him. The complainant alleged that Bikker Singh had taken Rs 11 lakh from him on different days in 2015 with assurance to return the same within a short period.

When he insisted for the return of the amount, the accused executed an affidavit on September 15, 2017, in which it was agreed that in case the accused failed to pay the due amount on or before September 30, 2017, the amount would be converted into token money against his house in Mori Gate, Mani Majra. In that eventuality, Bikker Singh shall be bound to execute the sale deed of the house in his favour by taking the remaining amount of the sale consideration.

On November 1, 2017, the accused took Rs 1 lakh more and assured that he would return the entire amount on or before February 28, 2018. When he did not make the payment, the complainant asked him to execute the sale deed of his house in his favour, but the former delayed the matter on one pretext or the other. Later, the complainant came to know that the accused had already sold his house and litigation in that respect was going on in the High Court.

Bikker Singh then agreed to pay 8 per cent on the due amount, raising the total dues to Rs 14,66,000. The accused issued two cheques for the amount, which were dishonoured.

The accused denied all charges and claimed that he never signed any agreement with the complainant. He stated that he drew a good salary and never had any such need to get a loan from anybody. He alleged that the complainant was running committee business and the blank cheques were taken as security to secure the installments of the committee.

After hearing of the arguments, the court held the accused guilty of the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced him to undergo rigorous imprisonment for a period of two years. “Mere a suggestion that the complainant misused the blank security cheques has no value in the eyes of law as there is no documentary proof,” observed the court.