Thane Court Slaps 1-Yr Jail Term, Rs 26-Cr Fine On Builders In Cheque Bounce Case

A magistrate court in Thane has sentenced six partners of a real estate company to one year simple imprisonment in a cheque-bounce case, and awarded a compensation of Rs 26 crore to the complainant.

First Class Judicial Magistrate, Ulhasnagar, RD Chougale, directed the seven respondents ─ city-based company Vinayak Enterprises and its six partners ─ to pay Rs 3,73,21,500 each to the complainant, also a developer. The non-payment of the compensation will invite an additional three-month imprisonment to them.

Complainant Gope Madhavdas Rochlani of the Madhav Construction at Kalyan told the court that the respondents made an agreement with him on May 15, 2006, to grant development rights of 60 acres of land for an amount of around Rs 85 crore. The complainant said he made an advance payment of Rs 8.5 crore to the respondents. The respondents later cancelled the deal and agreed to return the money along with profit, compensation and escalation cost of the land.

They issued two cheques, totalling Rs 16.50 crore in August and October 2008, which bounced. Following this, Rochlani approached the court. The counsels for the accused contested the case.

However, the magistrate observed that the complainant had been deprived of the said amount of the disputed cheques. Considering the rate of interest given by a nationalised bank on fixed deposits, it would be just and reasonable to grant a compensation of Rs 261,250,500 to the complainant, the magistrate said. The seven accused, the firm and its six partners, were liable to pay a compensation of Rs 37,321,500 each, he said in his order on January 15.

He noted that the respondents were already convicted for another offence under the Negotiable Instruments Act by a metropolitan magistrate court in Bandra, Mumbai. So, they did not deserve any leniency, the court said while granting one-year imprisonment to the six partners of the company.

With inputs from Housing News