STATE TIMES NEWS
JAMMU: Special Railway Magistrate Jammu Anoop Kumar on Thursday awarded six months conviction and Rs 10 lakhs fine to Gourav Jain, son of Parjan Jain, resident of Quarter No. 2, Manda House, Manda, Jammu in cheque bounce case.
According to the complaint filed by Sham Gupta, Gourav approached him for a friendly loan of Rs. 8.50 lakhs, with a promise to liquidate the same within a few months.
Sham agreed for the same and as the time passed, he approached Gourav for the liquidation of the loan amount. It was pleaded that Gourav promised to liquidate the amount within another few days and then Sham Gupta again approached him in the month of May 2001 and Gourav issued a cheque bearing No. 043107 dated 10-05-2001 amounting to Rs. 8.50 lakhs drawn on PNB Jain Bazar Jammu, to him.
The said cheque was presented by Sham with his Banker for encashment, but he received the same back with a memo dated July, 25-, 2001, whereby the cheque was dishonoured for the reason of account having been closed.
Sham had pleaded that he sent a legal notice as required under N.I Act Gourav Jain, but he accused even after the receipt of the same, did not pay back the amount of cheque thereby having committed an offence punishable u/s 138 of Negotiable Instruments Act.
On the presentation of complaint, process was issued against Gourav for the offence u/s 138 of Negotiable Instruments Act. After causing his appearance, Gourav initially presented an application for dropping the proceedings, which came to be dismissed, and a revision preferred against the said order of dismissal, was also dismissed.
Special Railway Magistrate Jammu after hearing Adv Rajesh Kumar Advocate for the complainant whereas Adv RP Sharma for the accused observed that accused Gourav Jain has failed to raise a probable defence and the presumption in favour of the complainant under section 118(a) and 139 of Negotiable Instruments Act has remained unrebutted either by specific plea of defence or by the analysis of the material brought on record by the complainant. The commission of offence u/s 138 of N. I. Act, as such, is proved against the accused and sentenced him to simple imprisonment for a period of six months and a fine of Rs. 10.00 lakhs (Rupees Ten Lakhs), which shall be paid to the complainant Sham Gupta as compensation. In case of default of payment of fine, the accused Gourav Jain shall further undergo a rigorous imprisonment of one year.
