LawRato

Delhi Court: Tackle cheque bounce matter with heavy hand

June 27, 2017


A Delhi trial court in a recent cheque bounce matter awarded one-year jail term and slapped a penalty of Rs. One lakh fifty thousand on a 42-year old North Delhi resident Lalit Kumar. He has issued a cheque of Rs.One lakh to an army officer's wife which had bounced. As per the complainant, the cheque was issued in December 2014 for Rs. One lakh which got dishonored because of “ insufficient funds” . The accused further failed to make payment of the amount despite service of notice. However, the accused pleaded not guilty and claimed trial. Metropolitan Magistrate Ashok Kumar observed while adjudicating in the present matter that “ cheque bounce cases are unduly clogging the dockets of the courts leading to docket explosion and extraction of judicial time which could have been given to other cases. The court also observed that due to the dishonest issuance of cheques, the credibility of such instruments is “ eroding” . “ Such dishonest conduct leads not only to docket explosion, which needs to be tackled with a heavy hand but also has resulted in harassment of the complainant, holding up the valuable money belonging to her,” the court observed. The Court also observed that the complainant suffered a lot of harassment and had to launch and sustain prosecution for a long period of time by denial of legally recoverable of the amount due to her. By sentencing the accused and imposing a massive and daunting penalty the court has taken a gallant step to curb such unnecessary matters. This will also help in expediting the litigation process.


 

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