Check Bounce Case: Ranchi Court Rejects Pawan Singh’s Appeal, Upholds Sentence
Ranchi: The Court of Judicial Commissioner, Ranchi, has delivered a major setback to Pawan Kumar Singh, a resident of Jai Prakash Nagar, Bariatu, by dismissing two separate criminal appeals in check bounce cases. The court of Judicial Commissioner Anil Kumar Mishra upheld the lower court's verdict and directed the accused to surrender immediately.
Background of the Case
Both cases were filed under Section 138 of the Negotiable Instruments Act. The first case involved a check bounce of 10 lakh, while the second case involved a check bounce of 5 lakh.
According to the complainants, Pawan Kumar Singh had taken money under the pretext of providing land. When the promises were not kept and the victims demanded their money back, the checks issued by the accused were dishonored due to "Payment Stopped" instructions.
Trial Court Verdict and Appeals
The lower court had previously found Singh guilty and awarded the following sentences:
1. In the first case: 6 months of imprisonment and a compensation order of 12 lakh.
2. In the second case: 6 months of imprisonment and a compensation order of 6 lakh.
In his appeal, the accused argued that the checks were issued merely as security and that there was no legal liability. However, the Court of the Judicial Commissioner observed that the accused failed to provide any substantial evidence to support his claims.
Court’s Observation
While dismissing the appeals, the court clarified that under the law, there is a legal presumption that a signed check is issued against a valid debt or liability. Since the accused failed to rebut this presumption with credible evidence, the court upheld the conviction and sentences in both matters.
