A woman has been sent to six months in jail and directed to pay Rs 18 lakh compensation to a jeweller in a cheque bounce case by a Delhi court which said she tried every trick to retain unjust enrichment.
The court said the woman delayed the proceedings by taking false pleas to avoid payment to the jeweller from whom she had purchased jewellery of over Rs 12 lakh.
“The accused purchased jewellery way back in 2012. Instead of making efforts to pay the sale consideration, she tried every trick in the trade to retain unjust enrichment. She has been able to procrastinate the proceedings by taking false and frivolous pleas to avoid payment.
“She has not shown any bonafide intention to pay the sale consideration towards jewellery purchased by her since 2012 and even after filing of the complaint case,” District Judge Rekha Rani said.
The court dismissed the appeal of the woman, a resident of east Delhi, and allowed the plea of the complainant jeweller to enhance the jail term.
The judge sentenced the woman to six months imprisonment and directed her to pay compensation of Rs 18 lakh to the jeweller in west Delhi, failing which she has to further undergo six months jail.
The court said the woman’s submission that she has two children weighed heavily in the mind of the trial court in awarding lesser punishment and observed her conduct of dragging the case for over more than four years due to which the complainant was deprived of money.
According to the complaint, the woman had purchased jewellery of Rs 6.06 lakh from the jeweller on March 28, 2012 and that time, she paid Rs 6,000 cash and issued a cheque of Rs six lakh to it.
It said that she again purchased jewellery of Rs 6,11,050 on March 30, 2012 and paid Rs 11,050 cash and issued a cheque of Rs six lakh towards the balance amount.
When the cheques were presented for encashment, they were returned dishonoured in May and July, 2012 with the reason “Funds Insufficient” and “Payment Stopped by Drawer”, it said.
The jeweller sent a legal notice to the woman for paying the amount of cheques but she failed to do so and a criminal complaint was filed under the Negotiable Instruments Act.
The court had given her several opportunities to lead defence evidence but she failed to avail them.
( Source – PTI )