Advocate fined Rs 1 lakh, rapped for bouncing of cheque

Reversing an order of a sessions court, which acquitted the advocate from offences under section 138 (cheque bounce case) of Negotiable Instruments Act, Justice PN Prakash said, “The society expects an advocate to be its guardian against state tyranny and not become a tyrant himself.”

The issue pertains to a complaint filed by AN Chandru, alleging that advocate K Jayasankar borrowed Rs 50,000 from him on June 15, 2005.Towards the discharge of the said liability, Jayakumar issued a cheque for a sum of Rs 60,000. But, the instrument was dishonoured for insufficient funds. Aggrieved, Chandru approached the court.

During trial, Jayakumar submitted that he issued the cheque only as a security to the complainant and not towards discharge of any liability. Discarding his contentions, the Judicial Magistrate-I, Walajahpet, convicted Jayasankar and sentenced him to one-year rigorous imprisonment and to pay a compensation of Rs 75000 to Chandru.

Jayasankar preferred an appeal in the district sessions court, Ranipet, which on February 20, 2013, acquitted him from all the charges. Assailing the acquittal, Chandru approached the High Court.

Allowing the appeal, Justice Prakash said, “One must bear in mind that the accused in this case is not an ordinary rustic farmer or an illiterate peasant, but an advocate practising in the local Bar. Therefore, the contention of the accused that he issued the cheque just like that without obtaining loan from the complainant is too big a pill to swallow.”

Noting that since cheque bounce case is quasi civil in nature, the Parliament had thought it fit to make it compoundable at any time, the judge said, therefore, the sentence is suspended till January 15, by which time, if the accused deposits Rs 75,000 towards compensation and Rs 1 lakh towards exemplary costs the Magistrate may compound the offence and disburse the sum to the complainant, if he is alive, or otherwise, to his legal heirs.