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| Court awards 2 yrs RI, fine of Rs 5 lakhs to Ashok Mahajan | | Cheque Bounce case | | Early Times Reporter
Jammu | Apr 8
Sub-Judge Jammu Mr. YP Bourney today awarded two years rigorous imprisonment and fine of Rs 5 lakhs to Ashok Mahajan, Managing Director, Gopal Arya Mission in a bounce cheque case.
The Sub-Judge in the much publicized case of Gopal Arya Mission, after Adv RS Raju appearing for the complainant and Adv BD Sundan appearing for the accused, observed that from the evidence on record it has been clearly established that accused Ashok Mahajan owed liability to the complainant in discharge of which he issued the cheque in question. It hardly makes any difference whether complainant had deposited the amount with the firm of accused or later had taken loan from her since in either of the situation, the liability was there. It also proved that cheque was presented by the complainant Sarla Gupta w/o Late Jagmohan Gupta r/o Mast-Garh Jammu for encashment within its validly period, but it was not honoured by the bank due to insufficiency of funds in account of the accused. It is further established that complainant issued demand notice in due course which was received by the accused. However, he did not pay the cheque amount even thereafter. Therefore, all the ingredients u/s 138 Negotiable Instruments Act is established and the accused is convicted for the said offence.
While awarding sentence, the court further observed that he is the first offender yet he has duped a large number of investors of their hard-earned money. As such he deserves no sympathy and is sentenced to undergo rigorous imprisonment for two years and to pay a fine equivalent to the cheque amount (five lakh). Court further said that if the fine amount is not paid, the same shall be realized by attachment and sale of the moveable or immovable or both kinds of properties of equivalent value belonging to the offender and shall be paid to the complainant. In any case of any part of fine amount remaining unpaid after selling all the properties of the offender, accused shall suffer further imprisonment for six months.
The complainant filed this complaint u/s 138 of Negotiable Instrument Act for the recovery of an amount of Rs 5 lakhs from the accused. According to the complainant, she paid Rs 4.5 lakhs to the accused Ashok Mahajan as requested by him and promised to repay the said sum along with interest with effect from January, 2003. On March 5, 2003 accused Ashok Kumar issued a cheque of State Bank of India for an amount of Rs 5 lakhs. The complainant presented the cheque in the said bank on August 26, 2003, however, the same was returned with the memo for insufficiency of funds. Upon this the complainant issued the demand notice on August 30, 2003 which was received by the accused, however, accused failed to repay the amount. JNF |
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