Chandigarh: Firm owner acquitted in cheque bounce case

CHANDIGARH: A local court has acquitted an Ambala-based proprietor in a cheque bounce case .

Jainsons Agencies, Sector 17 C, Chandigarh, in its petition, said it has a business of wholesale readymade garments. Through its authorized signatory/partner , Amit Kumar Jain, Jainsons had filed a complaint against Manoj Jain, proprietor, Sujan Outfit, Ambala, Haryana.

It was mentioned in the complaint that Jain approached them for supply of readymade garments. As a sum of Rs 2.34 lakh were outstanding against Sujan Outfit, a complaint was filed in the court of judicial magistrate first class for its recovery.

But then the two parties reached compromise after Jain issued four cheques amounting to Rs 2.34 lakh and the complaint was withdrawn. However, it was alleged that when Amit Kumar Jain presented two cheques worth Rs 1 lakh each for encashment, one of them was returned unpaid with the remarks "Funds Insufficient".

Alleging Jain had malafide, dishonest intentions, the complaint was filed again in the court under Negotiable Instruments Act.

The court of Mandeep Singh Kainth, JMIC, observed that complainant was required to prove his case, but he failed to bring any witness to prove his contentions. The court order stated, "In the absence of any cogent, convincing and reliable oral or documentary evidence being available on record, the accusation against does not stand proved beyond the shadow of reasonable doubt." Dismissing the complaint, the court observed, "In view of the findings given above, the offence under Section 138 of Negotiable Instruments Act is not made out against accused."