A man,jailed for a year for being guilty in a cheque bounce case and given an additional year’s term for his failure in paying his debtor Rs 50 lakh as fine has been able to secure his release only after languishing for two and half years.
A Delhi court ordered city resident Pradeep Kumar Singh’s “forthwith release”,also saying that the additional one year jail term imposed on him for default of payment of fine is “totally against the provisions of law and could not have been imposed”.
Additional Sessions Judge (ASJ) Virender Bhat ordered Singh’s release,questioning the magisterial court’s 2009 order,which had been upheld by another sessions court on October 31,2009,when he was sent to jail.
The magisterial court had ordered jail for Singh,in a single judgement on two separate complaints of cheque bouncing by city resident Rashmi Jain.
ASJ Bhat ordered Singh’s release,setting aside the order of another Metropolitan Magistrate Vivek Kumar Gulia,who had upheld the Tihar Jail authorities’ decision not to release him after Singh had sought his freedom after spending over two
years in jail.
The Tihar jail authorities had refused to release him saying that according to the 2009 judgment,he was to serve two separate jail terms of one year each,given on two separate complaints of bouncing of two cheques,besides another year for default in payment of compensation.