Court halves fine for convict as he is sole breadwinner of BPL family


Jail sentence also reduced in cheque bounce case

A Delhi court reduced time in prison and halved the ₹16-lakh fine imposed on a man convicted in a cheque bounce case as he is the sole breadwinner of a Below Poverty Line (BPL) family.

Lack of evidence

A Magistrate court had convicted and awarded one-year jail sentence to the accused while dismissing his defence that he had issued a cheque for ₹8 lakh to the complainant as a security for an agreement to sell a piece of land to him.

The court dismissed the argument as the accused could not produce any evidence in support of it.

Trial on since 2016

“If it is the defence of the accused that the cheque in question was handed over as security in respect of an agreement to sell (land), it was incumbent upon the accused to have led evidence... No such agreement was produced,” the court said.

The Magistrate court too took a lenient view while considering his sentence and fine since he belonged to a BPL family, as per his ration card.

Additional Sessions Judge Neelofer Abida Perveen upheld the conviction but modified the sentence order: “Taking into consideration that the accused is facing trial since 2016 and that he is the sole breadwinner of his BPL family comprising three children, wife and elderly mother, he is ordered to be released on sentence already undergone.”

In regards to the compensation, the Judge stated: “The compensation to the complainant is also reduced to the cheque amount i.e. ₹8 lakh.”

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Printable version | Jan 26, 2020 8:13:28 AM |

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