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news details
CCB defaulter gets 3 months imprisonment, Rs 2.5 lakh fine
8/25/2018 11:02:12 PM
Early Times Report
Jammu, Aug 25: Tightening the noose around the habitual defaulters, the City Judge Jammu convicted a loan defaulter of Citizen's Co-operative Bank Ltd branch Channi Himmat Jammu for 3 months imprisonment along with a fine of Rs 2.5 lakh under section 138 NI Act.
As per court order, Aditya Bakshi son of Swadesh Mitter Bakshi was convicted for not re-paying a car loan of Rs 4.63 lakh which was availed by him in 2014. Aditya Bakshi had issued a cheque to bank for Rs 1.91 lakh but same was dishonored and subsequently bank filed a suit against him in the court of City Judge Jammu through advocate Rajinder Singh.
The court observed that statement of the accused Aditya Bakshi which appeared to be confessional in nature, because the accused has admitted all allegations against him viz that accused obtained loan for purchase of the car to liquidate the part liability towards the complainant, accused issued a cheque bearing No. 069874 dated 06.03.2017 for amount of Rs 1. 91 lakh. Further, the cheque so issued by the accused was presented by the complainant bank with the banker of the accused and same got dishonored on the count of reason "Funds Insufficient" consequent upon demand notice dated 11.03.2017 was served upon the accused by the complainant bank whereby and where under the accused was asked to make payment of Rs 1.91 lakh within 15 days from the date of receipt of said notice. The accused having received the said notice failed to make the payment to the complainant bank. Thus all the ingredients of section 138 NI Act are satisfied and as consequence of which, the accused is liable to be convicted as such.
The order further reads that accordingly and in view of the above, the accused is hereby convicted u/s 138 NI Act and sentenced to undergo simple imprisonment for period of three months and fine to the tune of Rs 2.5 lakh payable to the complainant as compensation. Accused present in the court be taken into custody and be sent to District Jail Ambphalla, Jammu to suffer imprisonment. The copy of the order be provided to the accused free of costs.
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