National
SC ruling on cheque-bouncing
By Our Legal Correspondent
NEW DELHI, JAN. 23. ``In a case (of `cheque bouncing') where the amount covered by the cheque remained unpaid it should be the look out of the trial magistrates (in given cases) that the sentence for the offence under Section 138 of the Negotiable Instruments Act should be of such a nature as to give proper effect to the object of the legislation,'' the Supreme Court has ruled.
``No drawer of the cheque can be allowed to take dishonour of the cheque issued by him lightheartedly'' and ``the very object of enactment of Section 138 would stand defeated if the sentence is of the nature passed by the trial magistrate (in this case)'', the Bench noted adding that ``it is a different matter if the accused paid the amount at least during the pendency of the case''.
Delivering the judgment, Justice K.T. Thomas remitted the case back to the Metropolitan Magistrate Court concerned, Chennai (trial court), which ``shall hear both sides once again in the matter of sentence and pass a sentence which is condign''.
Disposing of an appeal from the complainant-payee of the two cheques amounting to Rs. 4,50,000 (which bounced), the Bench, which included Justice S.N. Phukan, set aside the sentence of `imprisonment till rising of the court' and payment of fine of Rs. 5,000, first imposed on the drawer-respondent by trial court and later, affirmed by the Madras High Court.
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