28 May 2024 Negotiable Instruments Act >> Criminal Law   |   Cheque Bounce >> Debt Recovery  

A recent court order provides some relief to a petitioner facing imprisonment for a dishonoured cheque case. The petitioner, along with four others, was convicted under Section 138 of the Negotiable Instruments Act. While appealing the conviction, the petitioner also requested suspension of the sentence.

The appellate court agreed to suspend the sentence on the condition that the petitioner deposit 20% of the cheque amount. However, due to financial hardship, the petitioner was unable to meet this requirement within the stipulated timeframe.

 

 

The court acknowledged the petitioner's situation and considered the following factors:

• The petitioner's co-accused successfully challenged the 20% deposit requirement in a separate petition, securing permission to deposit a prorated amount (based on their share).
• The petitioner demonstrated good faith by arranging a demand draft for the prorated amount upon receiving an extension.

Taking these factors into account, the court granted the petitioner a one-week extension to deposit the reduced amount. The order also allowed the complainant to withdraw the deposited funds upon providing a bank guarantee with interest, which would be returned to the petitioner if they win the appeal.

It's important to note that this order only addresses the suspension of the sentence, and the appeals challenging the conviction will be decided on merit by the appellate court in a separate proceeding.

  Negotiable Instruments Act, 1881