Railway Magistrate Jammu R K Lalhal on Thursday awarded six months imprisonment and fine of Rs 96000 to one Pawan Gupta in cheque bounce case after 15 years of trial.
Railway Magistrate Jammu R K Lalhal after hearing both the sides observed that accused has miserably failed to rebut presumptions under Sections 118(a) and 139 of Negotiable Instrument Act even on the preponderance of probabilities whereas the complainant has succeeded in proving this case beyond reasonable doubt.
“Accordingly, as to what has been discussed above, accused Pawan Kumar Gupta is held guilty and is convicted of the offence under section 138 of Negotiable Instrument Act, 1881 and awarded six months imprisonment and fine Rs 96,000 which is equivalent to the amount of cheque along with interest (a) 6 per cent per annum from date of cheque till the date of judgment and in default of payment of fine. Accused shall further undergo simple imprisonment for one month. It is further ordered that both the sentences shall run consecutively. The fine shall be paid to the complainant as compensation,” the Court observed.
