Gurgaon man handed five months in jail for cheque bounce
The complainant, Munesh, had a friendly relationship with the convict, Satish, as the two had been neighbours and classmates since childhood. Between 2012 and 2017, Satish borrowed Rs 15 lakh from Munesh for business and personal expenses, promising to repay or transfer property in lieu of the debt. He reiterated this in a 2018 affidavit, pledging repayment within 24 months.
In Feb 2020, Munesh demanded repayment. Satish returned Rs 3.40 lakh through bank transfer and sought more time.
In July 2020, Satish issued a cheque for Rs 11.60 lakh, which bounced in Oct with the remark "fund insufficient".
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"After the cheque was bounced, I tried to contact Satish repeatedly, but no payment was made," said Munesh. He finally filed a cheque bounce case in Nov 2020.
Satish denied liability, claiming the cheque was not for repayment, but failed to explain how Munesh obtained it. The court noted that Satish produced no evidence to support his defence, nor lodged any complaint over alleged misuse of his cheque.
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Munesh, meanwhile, presented the 2018 affidavit as proof of debt.
The court held it proved that the cheque in question was issued by the accused in discharge of his legally enforceable debt or liability, and convicted Satish of cheque bounce.
Judicial Magistrate Ist Class (JMiC) Priya Gupta, in her order, observed that leniency in cases involving economic offences is not warranted and is against the very object of the legislation.
Satish was awarded five months of simple imprisonment and was directed to pay Rs 15.10 lakh (cheque amount along with interest) to the complainant.
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