A sessions court has ordered a Metropolitan Magistrate (MM) court here to secure the presence of a woman to serve six-months imprisonment and pay a fine of Rs. 11 lakh in a cheque bounce case filed by her brother-in-law.
The complaint stated that the woman’s brother-in-law had given her a loan of Rs. 9 lakh for a year. When the time for paying back the loan came, the woman issued a cheque of the borrowed amount to her brother-in-law. However, when he deposited the cheque in the bank concerned, the bank allegedly informed him that the issuer of the cheque had closed her account.
When pre-complaint formalities failed to get him any response from the borrower, the brother-in-law moved the MM court against her. Allowing his complaint, the MM court sentenced the woman to six-month simple imprisonment and imposed a fine of Rs. 11 lakh on her.
The woman then filed an appeal before a sessions court, submitting that she was the victim of business transactions between her husband and her brother-in-law. She alleged that her brother-in-law had misused the cheque and filed the complaint at the instance of her estranged husband.
Dismissing her appeal, Additional Sessions Judge Suresh Kumar Gupta said: “The respondent has proved its case by overwhelming evidence that the cheque was issued towards discharge of an existing liability. The appellant has admitted that cheque was signed by her. The presumption under Section 139 of Negotiable Instruments Act would operate. The appellant has failed to rebut the presumption by leading any evidence.”
“I do not find any infirmity in the judgement dated 18.01.2018 passed by the trial court. The judgement of conviction is upheld,” the Judge said. Observing that such kind of appellants want to enjoy upon others’ money, he ordered the MM to secure the convict’s presence to serve the sentence as she was absent from the court when the judgement was pronounced.
…The appellant has admitted that the cheque was signed by her. The presumption under Section 139 of the Negotiable Instruments Act would operate. She has failed to rebut the presumption…
Suresh Kumar Gupta
Additional Sessions Judge
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