The Bombay High Court invalidated Arti Rajesh Karangutkar’s cheque bounce acquittal. The appellant proved the loan was a hand loan, hence the court rejected the accused’s arguments. One year of simple imprisonment and a Rs.5,00,000 fine were imposed on Anna Rocky Fernandes.
The Bombay High Court, Criminal Appellate Jurisdiction, overturned the accused’s acquittal in a cheque bounce case in Criminal Appeal of 2009.
Arti Rajesh Karangutkar was the appellant and Anna Rocky Fernandes was the respondent. Respondent issued four cheques in return for the appellant’s Rs.3,00,000 friendly loan. The legal processes began after UTI Bank Limited Ghatkopar (later Axis Bank) dishonored the checks due to inadequate cash.
The case was decided by Justice Prithviraj K. Chavan on December 19, 2023. Justice Chavan wrote, “The appellant had proved beyond doubt the advance of Rs.3,00,000/- to respondent No.1 as a hand loan against which respondent No.1 issued two subject cheques which came to be dishonoured for want of sufficient funds in her account.”
The accused said the checks were stolen and abused, but the court dismissed their defense. Justice Chavan said respondent No.1’s defenses are absurd. Respondent No.1 failed to meet the obligation.”
The learned Magistrate improperly used Section 269-SS of the Income Tax Act while rejecting the suit, Justice Chavan remarked. Sections 269-SS and 271D of the Income Tax Act have no relevance to the case.”
Anna Rocky Fernandes was convicted under Negotiable Instruments Act section 138. She was sentenced to one year in prison and a Rs.5,000,000 fine. The offender faces four months in prison if the fine is not paid. The court directed the appellant to get Rs.3,00,000.
The verdict added, “Since Respondent No.1-accused is absent, the judgment and order of this Court shall be certified to the concerned Court in view of Section 388 of the Criminal Procedure Code.”
Conclusion
The Bombay High Court invalidated Arti Rajesh Karangutkar’s cheque bounce acquittal. The respondent issued four cheques for the appellant’s Rs.3,00,000 loan. Dishonoured cheques were owing to inadequate cash. Justice Prithviraj K. Chavan ruled that the appellant showed the advance was a hand loan. The court dismissed the appellant’s theft and misuse grounds. Anna Rocky Fernandes was sentenced to one year of simple imprisonment and a fine for violating section 138 of the Negotiable Instruments Act.
