Thaindian News

New Delhi, April 3 (IANS) A Delhi court has awarded one year rigorous imprisonment and slapped a fine of Rs.3.5 lakh on a man whose cheque was dishonoured.

Moinuddin, 54, a resident of Laxmi Nagar in east Delhi, had issued the cheque to repay a loan taken from the complainant.

Additional Chief Metropolitan Magistrate Lokesh Kumar Sharma said: “I am of the opinion that interest of justice shall be best served if convict is awarded to undergo rigorous imprisonment for one year and is also directed to pay a fine of Rs.3.5 lakh, which shall be paid to the complainant as compensation.”

Moinuddin was convicted under section 138 of Negotiable Instruments Act that deals with dishonoured cheques. His cheque was not honoured by the bank due to insufficient funds in his account.

Complainant Kuldeep Kumar, a resident of Anarkali Extension area of Shahadra in east Delhi, had lent Rs.2.5 lakh in 2005.

“Moinuddin stopped the payment of interest on the loan. The accused later issued the cheque bearing an amount of Rs.2.5 lakh,” said Kumar’s counsel Amarjeet Rai.

The court said that it was an established fact that Moinuddin appeared before it July 6, 2010 after it issued an order to proceed against him.

“The court also issued bailable warrant and a number of reminders to Moinuddin, but he never appeared before the court,” Rai said.

“It is a sorry state of affairs to observe that cases of this nature are occupying the board of courts in large numbers every day. Instead of sending a message of deterrence to the public to refrain from indulging in such practices, the public is rather encouraged to get the cheques frequently dishonoured and thereafter refuse to make their payment to the persons entitled to receive their legitimate dues thereby compelling them to knock the doors of justice which is always delayed,” said the court in its order given March 20 but made available only now.

“This results in further enhancement of pain and sufferings of a complainant who is compelled to wonder in the corridors of justice for years and some times he is even compelled to agree to the offers made by clever accused persons to make payment of a lesser amount than their legitimate dues and that too, in piece meal in the form of petty instalments,” said the judge.

“The situation can only be changed if courts of law come to the rescue of complainant and start awarding severe punishments which would send a deterrent message among the law violators to avoid such litigation,” the judge said.