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news details
One awarded punishment under section 138 Negotiable Instruments Act
9/11/2018 9:59:05 PM
Early Times Report
Kathua, Sept 11: One person namely Vishal Verma awarded punishment under section 138 negotiable Instruments act and section 420 RPC in Kathua.
The allegations in the complaint filed by one Parshotam Singh son of Mukhtiar Singh, Shakti Nagar Kathua at para no 7 of the complaint against Vishal Verma son of Uttam Chand resident of Krishna Colony revealed that intention of the accused was to defraud to the complainant from the very beginning. Had the complainant known such intention, he would not have parted with his properties worth Rs.5,00,000 in favour of the accused.
Apart from this, the accused intentionally and deliberately issued and handed over bogus cheque for clearing his past liability. The accused has committed the offence under Section 138 Negotiable Instruments Act and Section 420 RPC". The allegations in the complaint revealed that accused has fraudulent or dishonest intention right at the beginning of the transaction, that is, the time when the offence is said to have been committed- Intention is the gist of the offence. It has come on the record that accused took defence that he issued the cheque as security in favour of complainant who stood as guarantor in a car loan case and subsequently accused got stop-payment of the cheque from his Union Bank of India branch Kathua on the grounds that his self signed cheques bearing no 17161 to 17170 are lost and moreover and complainant also established that accused has issued the cheque with dishonestly intention in favour of complainant knowing very well that there is no sufficient fund in his account for the payment.
Vinod Dogra Advocate for complainant and BB Bagotra Advocate for accused argued on the case . While referring a case of High Court of Madras in case title Selvaraj Vs. P. Vishwanathan 1999 Cr. LJ 4766. Whereas it has been held that "Punishment exceeding Rs. five thousand rupees can be awarded by Magistrate trying offence under section 138", Sunil Sangra KCS ( Judicial) punished the accused for the commission of offence under Section 138 Negotiable Instruments Act simple imprisonment for a term of two years with fine of Rs.1,00,000 same may be paid to complainant as compensation, in case accused fail to make payment of the fine then accused shall serve addition simple imprisonment for six months.
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