Cheque bouncing: 3-month jail to actor upheld
J. Venkatesan Share · print · T+
The Supreme Court on Friday declined to interfere with an order of the
Madras High Court upholding a lower court's order awarding three-month
simple imprisonment to actor S. Swarna in a cheque bouncing case.
A Bench of Justice A.K. Ganguly and Justice J.S. Khehar dismissed a
special leave petition filed by Ms. Swarna against the impugned order
passed on a complaint of respondent S. Mukanchand Bothra, a financier.
‘Took loan'
According to Mr. Bothra, appellant Ms. Swarna obtained a loan of Rs. 5
lakh from him in 1996 and as the cheque issued by her bounced, a
complaint under Section 138 of the Negotiable Instruments Act was
filed. The magistrate concerned awarded six months imprisonment and on
appeal, the sessions judge reduced the period of imprisonment to three
months and this was confirmed by the High Court. The present appeal by
Ms. Swarna is directed against this order.
Mr. Botha justified the impugned order on the ground that the
appellant was in the habit of borrowing money and issuing cheque
without sufficient funds and she had been facing 15 cases and so no
leniency should be shown to her. The Bench while dismissing her appeal
permitted Mr. Botha to withdraw the amount already deposited by her.
J. Venkatesan Share · print · T+
The Supreme Court on Friday declined to interfere with an order of the
Madras High Court upholding a lower court's order awarding three-month
simple imprisonment to actor S. Swarna in a cheque bouncing case.
A Bench of Justice A.K. Ganguly and Justice J.S. Khehar dismissed a
special leave petition filed by Ms. Swarna against the impugned order
passed on a complaint of respondent S. Mukanchand Bothra, a financier.
‘Took loan'
According to Mr. Bothra, appellant Ms. Swarna obtained a loan of Rs. 5
lakh from him in 1996 and as the cheque issued by her bounced, a
complaint under Section 138 of the Negotiable Instruments Act was
filed. The magistrate concerned awarded six months imprisonment and on
appeal, the sessions judge reduced the period of imprisonment to three
months and this was confirmed by the High Court. The present appeal by
Ms. Swarna is directed against this order.
Mr. Botha justified the impugned order on the ground that the
appellant was in the habit of borrowing money and issuing cheque
without sufficient funds and she had been facing 15 cases and so no
leniency should be shown to her. The Bench while dismissing her appeal
permitted Mr. Botha to withdraw the amount already deposited by her.
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