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Dishonoured cheque costs Ludhiana firm, to pay Chandigarh man ₹16 lakh
Chandigarh district court also awarded one year of rigorous imprisonment to Pardeep Bhateja, proprietor of Sawan Buildtech, Ludhiana
The Chandigarh district court has directed a Ludhiana-based company to pay ₹16 lakh to a city resident in a cheque bounce case.
The convict has also been awarded one year of rigorous imprisonment.
Aman Sharma, director of Amsons Communications, which has its office in Sector 30D, had filed a complaint against Pardeep Bhateja, proprietor of Sawan Buildtech, Ludhiana.
It was stated that the accused had business dealings with the complainant’s company.
Sharma said his firm dealt in marketing and publication of advertisements. “During the course of business, financial liabilities accrued against the accused and he issued a cheque on the basis of which a complaint under Section 138 of the Negotiable Instrument Act was earlier filed against him,” the complainant stated in the court.
During the course of litigation, a compromise was struck in October 2016 and the accused “undertook to make the payment of ₹42.7 lakh as full and final settlement of account”, Sharma said.
Bhateja issued a cheque, which was again dishonoured due to insufficient funds, the court was told.
However, Bhateja claimed that he has been falsely implicated in the current case. He also told the court that Aman Sharma was not a holder in due course of the cheque in question.
He alleged that the compromise on the basis of which the complaint has been filed was executed under pressure.
On December 6, the court of judicial magistrate first class observed: “The complainant has clearly established his case beyond all reasonable doubts of shadow against the accused, who has failed to rebut the presumption raised against him.”
The court convicted Pardeep Bhateja of committing offence under Section 138 of the Negotiable Instrument Act.
“The convict has committed a serious offence by deliberately failing in discharge of his economic liability and has failed to ensure the payment of cheque drawn by him. The accused does not deserve any leniency of probation under the Probation of Offenders Act. So, the convict is sentenced to undergo rigorous imprisonment for a period of one year,” the court added.
It directed the convict to pay ₹16 lakh “to make good the loss suffered by the complainant on account of dishonour of the cheque”.
