Rs. 40.05 lakh order to pay compensation to complainant in check case; In case of non-payment of fine, further imprisonment of three months
In a case of check return, the Shihori Court in a landmark judgment sentenced the accused to simple imprisonment of one year and Rs. 80,10,000 has been fined. In addition, the penalty amount has been ordered to be paid as compensation to the complainant. If the accused does not pay the fine amount, he has also been ordered to undergo three more months of imprisonment.
According to the information, complainant Amar Vinodchandra Shah, a native of Thara in Ogad taluk and a diamond business in Surat, runs a diamond firm named ‘Naiya Gems’ in Surat. Accused Ankit Jayantibhai Heerpara from his firm paid Rs. Two diamonds worth 44,33,000 were awarded. After the deal, it was decided to issue a fixed bill. However, as alleged by the complainant, the accused did not return the diamonds.
In this regard, when the complainant demanded the price of the diamond, the accused paid Rs. 40,05,000 was given a check. The check was from the Surat branch of Kotak Mahindra Bank. The complainant deposited the check in his ICICI Bank Thara branch account. However, the check was returned as stop payment was made by the accused. On the return of the check, the complainant Amar Vinodchandra Shah through his lawyer Ashvinbhai Shah dated A criminal case number 884/2018 was filed in the Shihori Court on September 17, 2018. After considering the evidence and arguments of both sides during the hearing of the case, Shihori Judge R.V. Patel convicted accused Ankit Jayantibhai Heerpara of the crime and sentenced him to simple imprisonment of one year and twice the amount of the check i.e. Rs. 80,10,000 was ordered to be fined.
Shihori lawyer Ashvinbhai Shah and Patan lawyer Pankajbhai Levani appeared in the court and argued on behalf of the complainant Amar Vinodchandra Shah in this case. The court accepted the arguments of the prosecution and ordered the accused to be punished and fined.