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| Court awards six months imprisonment, fine Rs more than Rs 23 lakh to MD, Director of Haryana Based company | | | Early Times Report
JAMMU, Aug 23: Chief Judicial Magistrate Samba Preet Simran K. Grover and convicted and sentenced six months imprisonment and fine Rs 23,64,315/to Subash Aggarwal MD and Devinder Kumar Aggarwal Director of .R. Industries Pvt. Ltd Faridabad Haryana in cheque bounce case.
Briefly stated by complainant in his complaint is that the complainant is a partnership firm with Radhey Shyam Aggarwal and Ashok Kumar Aggarwal as partners having its principle place of works/office at: JSB ALUMINIUM, PHASE-1 LANE NO 7, SIDCO IGC, SAMBA(J&K)-184121.The present complaint is filed by the partner who is authorized and competent and is fully aware and conversant with the facts and circumstances of the present complaint.
The complainant firm is engaged in the manufacturer of Aluminum Alloy Ingots and in regular business transactions with the accused Company regarding the said products. The complainant has been supplying its product Aluminum Alloy Ingots, to accused no.1, since May 2008. That in regular course of business and dealing with accused no.1, complainant had supplied the said products to accused no.1 vide various invoices and as per the accounts maintained by complainant, an amount of Rs. 23,64,315.00/- is due on accused no.1 towards the payment of the said products.After issuance of the aforesaid cheques, accused requested complainant not to deposit the cheques immediately for encashment and on repeated requests of accused, complainant deferred the presentation of the said cheques with its bankers and ultimately requested accused vide Letter No. JSBA/2008-09/203-01 dated 01.10.2008 to indicate firm date by 10.10.2008 after which the said cheques may be deposited in his bank to realize the proceeds. After getting no response even after one month, the complainant deposited the aforesaid cheques in its account maintained with J&K Bank Ltd., Samba for realization. However, the said cheques were returned unpaid by the banker of the accused no.1 with the remarks "Exceeds arrangements", vide memos dated 5.12.2008.
Chief Judicial Magistrate Samba Preet Simran K. Grover after hearing both the sides observed that the accused no.2 Subash Aggarwal and accused no.4 Devinder Kumar Aggarwal as Director of AR Industries i.e accused no.1, shall undergo simple imprisonment for a period of six months for the commission of offence punishable under section 138 read with section 141 of Negotiable Instruments Act, 1881 and shall also pay a fine of Rs 23,64,315/-along with simple interest of 6 % per annum from the date of cheque till the date of judgment of conviction i.e. 22 day of August, 2024. The whole amount of fine shall be paid as compensation to the complainant firm. In case of default of fine, the accused no.2 and accused no.4 shall further undergo simple imprisonment for six months. The accused no.2 is taken into custody and sent to District Jail, Kathua for serving the sentence of imprisonment forth with. So far as accused No.4 is concerned, despite directions to Ld. Counsel for accused No.4 to produce accused No.4 before this court he failed to produce him on the ground of medical condition as such, in view of section 353(6) CrPC, this court deems it fit to issue warrants of arrest under section 418(2) of CrP C in order to avoid undue delay in the disposal of the case as the present case is of the year 2009. —JNF |
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