Thane: The Thane Additional Sessions Court has upheld the conviction of five individuals, including an 85-year-old woman, in a cheque bouncing case under Section 138 of the Negotiable Instruments (N.I.) Act.
Fines and Imprisonment Maintained
The trial court had earlier directed the accused to pay ₹3 lakh each, amounting to a total of Rs 15 lakh. In default, they were to undergo simple imprisonment for two months. This order, passed by the trial court in 2014, was upheld by the Sessions Court, thereby rejecting the appeal filed by the accused.
Accused and Case Background
The appellants — Savitri Lalchand Sachdev (85), Manju Kanaiyalal Sachdev (48), Deepa Narain Sachdev (51), Monu Narain Sachdev (27), and Kanaiyalal Lalchand Sachdev (51) — all residents of Chembur, had originally been convicted for the offence punishable under Section 138 of the N.I. Act.
Sessions Court Observations
Additional Sessions Judge A.S. Bhagwat, in the order, stated that after a careful review of the entire record, including the original complaint documents, impugned cheques, evidence, and cross-examination, “all the essential ingredients of the offence punishable under Section 138 of the N.I. Act have been established beyond reasonable doubt by the respondents against the appellants.” The court found no fault in the original judgment, observing that the Trial Court had “correctly appreciated the evidence placed on record.”
The original cheque bouncing case had been filed by the State Bank of India, Thane branch, in 2007. The trial court had found merit in the bank’s case and convicted all the accused, imposing fines accordingly. However, dissatisfied with the decision, the accused filed an appeal challenging the same.
Appeal Rejected
The appeal argued that the Trial Court had not properly appreciated the evidence placed on record and had wrongfully convicted and sentenced the appellants.
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The Sessions Court rejected these contentions, ruling that the Trial Court had not erred in passing the judgment and that the appellants were not entitled to acquittal.
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