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Gurgaon: BJP’s district vice president Sandeep Raghav has been sentenced to one year in jail by the court of judicial magistrate first class (JMFC) Sonia in a cheque bounce case on Monday. The court also ordered Raghav to return an amount of Rs 92.6 lakh to the complainant, Mukesh Sharma, within two months.

According to the case details, Raghav sold a piece of land to Sharma in 2019 and issued a cheque for approximately Rs 92,66,666, which subsequently bounced. De spite Sharma’s repeated requests for the return of the money, Raghav failed to re-pay the amount.

Both parties are disap pointed with the court’s order and plan to challenge it. The complainant is unhappy because the court directed the return of only the principal amount without any interest, while the accused will challenge the conviction and sentencing.

The court also ordered BJP functionary to return an amount of Rs 92.6 lakh to the complainant within two months.

RN Yadav, counsel for the complainant, argued that the case against the accused has been proven. “We had demanded maximum punishment and compensation of double the cheque amount,” said Yadav.

Anil Kadyan, counsel for the convict, requested leniency, citing his client’s poor financial condition and his father’s medical issues, in cluding a recent bypass surgery. Kadyan said that as per the court order, 20% of the amount has already been paid as interim compensation to the complainant.

The court described cheque bouncing as a “socio-economic” offence and emphasised the principles of deterrence and restitution in sentencing, refusing to grant any probation concession to the convict.

In her order on Monday.. JMFC Sonia said, “Convict Raghav is sentenced to undergo simple imprisonment for one year for the offence punishable under Section 138 of the Negotiable Instruments Act. Raghav is also directed to pay compensation amounting to Rs 92,66,666, equal to the cheque amount, to the complainant under Section 143 (1) (proviso) of Negotiable Instruments Act and Section 357(1)(3) of CrPC within two months from the date of judgment.”

The complainant plans to apply for the cancellation of the land registry. “We have been fighting this case for last five years, and now the court awards only the principal amount to the victim without any interest,” said Yadav.

For case specific advice, connect with Cheque Bounce Lawyers in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar online.

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