A Delhi court has cancelled six months’ imprisonment to a woman, a mother of six, in a cheque bounce case, observing that “any substantive sentence will definitely affect her children”.
Husband owed money
A Metropolitan Magistrate Court had sentenced the woman to six months in jail and fined her ₹1.85 lakh, holding her guilty of not making payment of ₹1.05 lakh, an amount which she owed to the complainant, despite being served a notice.
The complaint said that the woman’s husband, a caterer, had taken ₹1.05 lakh from him for making arrangements for his sister’s marriage.
However, due to some reasons, the ceremony was called off.
Issued a few cheques
The complainant said he intimated about it to the caterer 25 days prior to the scheduled date of the wedding, as per the agreement.
When the complainant demanded his money back from the caterer, he issued a few cheques signed by his wife.
However, when the cheques were presented before the bank concerned, it refused to make payment saying that the account had insufficient fund.
The complainant then sent a notice to the woman. When she failed to respond to the notice within the mandatory 15 days period, the complainant filed a complaint at a Metropolitan Magistrate Court, which held the woman guilty and awarded the sentence.
Lenient punishment
The woman had moved an appeal against the order in the court of Additional Sessions Judge Suresh Kumar Gupta.
Though Mr. Gupta upheld the conviction, he allowed her plea for a lenient punishment and modified her sentence to only ₹1.85 lakh fine.
“The appellant has not made the payment of the cheques in question to the respondent. The appellant has a large family to take care of. The appellant has five daughters and one son. Any substantive sentence will definitely affect her children. Keeping in view this fact, the sentence imposed by the trial court is modified. The appellant is sentenced to pay a fine of ₹1.85 lakh,” Mr. Gupta said.
