6 days ago
HC orders tenant to pay double for cheque bounce
Bhopal/Jabalpur: The MP high court has set aside a Bhopal court's acquittal in a bounced cheque case, and ordered the tenant to pay his landlord twice the amount originally due. The court also ruled that a delayed receipt of legal notice can't be held against the complainant.
Justice DD Bandal passed the order in a petition filed by Bhopal resident GD Narang, who had rented out a duplex in Shahpura to Ramesh Kothari. Kothari had issued a cheque of Rs 14,400 that bounced. Narang served a legal notice, and filed a complaint under the Negotiable Instruments Act.
A court in Bhopal, however, acquitted Kothari, prompting the landlord to move to the high court. The acquittal was based on the ground that he had not served a legal notice on Kothari within 15 days after the cheque bounced.
However, he had sent the notice within 15 days by mail, but Koathri received it late.
Justice Bandal said the lower court had erred in calculating days in petitioner sending legal notice to the tenant of his house, and ordered Kothari to pay the house owner Rs 25,000. If Kothari fails to do so, the HC said, he will have to serve three months' simple imprisonment.
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