Early Times Report
JAMMU, Oct 7: Additional Sessions Judge, Jammu Ritesh Kumar Dubey has upheld the conviction of Rajesh Gupta, son of Yash Paul Gupta, resident of Rehari Chungi, confirming the sentence of six months' simple imprisonment along with a fine of ?4.65 lakh and 6% interest in a cheque bounce case.
The case was filed by M/s Gopal Concrete Poles, Kattal Batal (Nagrota) through its proprietor Krishan Gopal, who alleged that Gupta had issued a cheque of ?5 lakh dated December 4, 2006, which was dishonoured multiple times due to insufficient funds. Despite service of legal notice, Gupta failed to clear the liability, leading to his prosecution under Section 138 of the Negotiable Instruments Act.
Gupta contended that the cheque had been misused by his brother-in-law, a former bank manager, and was only given as a blank security cheque during a car loan process. However, the Court found the defence untenable, noting that bank records clearly showed the amount was credited to Gupta's account and subsequently withdrawn, proving enforceable liability.
Dismissing the appeal, the Court observed that Gupta had failed to rebut the statutory presumption under Sections 118 and 139 of the Negotiable Instruments Act, and instead advanced "imaginary stories" to evade responsibility. The complainant was represented by Advocates K. C. Sharma and Muskan Mahajan, while the appellant was defended by Advocate Rupak Ratta.
With the dismissal of the appeal, the interim stay on sentence also stands vacated, and Gupta has been directed to undergo imprisonment as awarded by the trial court. (JNF) |
