Borivli Man Sentenced to One Year for Rs 30 Lakh Cheque Bounce Case
Thane: A magistrate court in Thane has convicted a resident of Borivli and sentenced him to one year of simple imprisonment for dishonouring two cheques totalling Rs 30 lakh. The court took a stern view of the decade-old property dispute, ordering the accused to pay Rs 60 lakh—double the original cheque amount—as compensation to the complainant.
The dispute began in August 2016 when the complainant approached the accused to purchase a 2 BHK flat in Thane West for approximately Rs 70 lakh. A Memorandum of Understanding (MOU) was executed on August 1, 2017, and a part payment of Rs 31 lakh was made via cheque. Although the accused promised to hand over the property by September 2018, he failed to provide the flat, leading the complainant to demand a full refund.
To settle the debt, the accused issued two cheques for Rs 15 lakh each in April 2018. Both cheques were returned unpaid on April 27, 2018, with the bank noting that the 'signature differs'. Despite a legal notice served in May 2018, the money remained unpaid, forcing the complainant to file a criminal case under the Negotiable Instruments Act.
Additional Chief Judicial Magistrate A D Margode observed that the accused failed to challenge the complainant's evidence or rebut the legal presumption of liability. The court noted that the transaction dates back seven years and the accused's failure to pay caused significant mental and financial stress to the complainant. The Thane court then sentenced the accused to one year of imprisonment and directed the Rs 60 lakh compensation be paid within two months. As the accused was absent during the judgment, a non-bailable warrant was also issued for his arrest.
This case highlights the serious consequences of cheque bouncing and the importance of adhering to financial agreements, especially in property transactions. The court's decision serves as a deterrent to others who might consider similar actions, emphasizing the need for transparency and accountability in financial dealings.