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A district court in Chandigarh has acquitted the accused in a Rs 6-lakh cheque bounce case, dismissing all charges against him. At the same time, the court has directed senior police officials, including the Director General of Police (DGP) and Senior Superintendent of Police (SSP), to investigate the complainant, who is a constable in the Chandigarh Police. The court raised concerns over the constable’s involvement in money lending while on duty and questioned how he accumulated Rs 17 lakh, which he allegedly lent to his friend.
Case Overview
The case, handled by Tarun Kumar, Judicial Magistrate First Class, involved a cheque bounce issue under Section 138 of the Negotiable Instruments Act. The accused, Kishore Kumar, was acquitted after the court found that the complainant, Narender Kumar, a Chandigarh police constable, failed to provide sufficient evidence to prove his claims.
Details of the Case
According to Narender Kumar, he and Kishore Kumar had been long-time friends. On October 25, 2019, Kishore allegedly approached Narender for immediate financial help, and on November 20, 2019, the accused borrowed Rs 17 lakh from Narender, claiming it was a friendly loan. Narender claimed the money was arranged through Kishore’s friends and relatives in front of witnesses. The accused reportedly promised to repay the loan quickly.
However, the situation turned sour when three cheques were issued by Kishore, totaling Rs 17 lakh. One of these cheques, valued at Rs 6 lakh, was returned unpaid by HDFC Bank in Sector 38 due to insufficient funds. Narender then sent a legal notice to the accused through his lawyer, demanding payment, but Kishore did not repay the amount within the required time, leading to the filing of the formal complaint.
Accused’s Defense
In his defense, Kishore Kumar denied the allegations and claimed that the complaint was false and based on fabricated facts. He argued that the cheque in question was not issued against any legally recoverable debt. According to Kishore, the cheque was misused by Narender, who had originally received it as security for a friendly loan of Rs 5 lakh.
Kishore further stated that he had already repaid part of the loan through UPI payments and cash. He argued that Narender misused the cheque after he had made efforts to repay the amount. Kishore also pointed out that since Narender was a government employee and a constable, he should not be involved in lending money with interest. According to the accused, the constable did not have the financial capacity to provide such a large loan.
Court’s Ruling and Enquiry
After examining all the evidence and listening to the arguments from both sides, the court gave the benefit of the doubt to the accused, acquitting him of all charges. The court also ordered an enquiry into the actions of the complainant, Narender Kumar.
The court specifically instructed the DGP and SSP to look into how the constable was engaged in money lending while serving as a police officer. Additionally, the court directed an investigation into how Narender, as a government employee, managed to accumulate Rs 17 lakh in cash and lent it at a high interest rate.
The case highlights concerns about the involvement of government employees in financial activities that may not align with their official duties, particularly when it involves large sums of money and business practices such as money lending.
Conclusion
This case serves as a reminder of the complexities involved in legal disputes related to cheque bounce and the importance of clear evidence in such matters. With the court’s ruling, Kishore Kumar has been acquitted, but the investigation into the conduct of Narender Kumar, the constable, continues.
