Cheque bouncing complaints can be tried by different courts at same time8217;

May 8: It is good news for bounced cheque victims, now that a Sessions Court ruling and an apex court order have upheld that two separate ...

May 8: It is good news for bounced cheque victims, now that a Sessions Court ruling and an apex court order have upheld that two separate complaints of forgery and cheque bouncing, filed by police under different sections of the law, can be tried by two different courts, simultaneously.

In a recent judgement delivered by Sessions Court, Additional Principal Judge A J Dholakia has stated that, contrary to popular impression, proceedings against cheque bouncing can be initiated under the Negotiable Instruments Act, even if the police have registered a case of cheating/forgery against the accused under provisions of the Indian Penal Code. The judge has referred to two judgements, one by the Supreme Court and another by Kerala High Court. As per the apex court ruling, the offence registered under IPC and other legal provisions should be tried at different levels. Similarly, the Kerala HC ruled that even if the accused is prosecuted in the cheque bouncing case, police can initiate trial against the crime under IPC.

The Sessions Court ruling comes in the wake of a police complaint filed by Vijay Agarwal, president of the Bounced Cheque Victims Grievances Forum. The complaint was against Sushila Chheda, who was also accused in another case of registering a fake gang-rape complaint. Agarwal claimed Chheda had given forged and fabricated documents which he came to know when her cheque bounced. He contacted Pydhonie police and registered a case of forgery.

Meanwhile, he also registered another complaint at the Mazgaon metropolitan court under the N I Act in 1998. When evidence was being recorded in this case, Chheda filed an application for dropping the proceedings. She claimed she could not be tried for cheque bouncing when she was already booked under IPC. However, metropolitan magistrate M M Shirpurkar observed that the complainant is free to move more than one court if the nature of offences allow it. Aggreived by this order, Chheda approached Sessions Court, where again Agarwal8217;s right to move different courts was upheld.

Agarwal said the Sessions Court ruling now enables police to initiate quick proceedings against forgery and cheating, irrespective of other proceedings. He has appealed to victims of cheque bouncing to come forward and voice their grievances. The forum office has kept the Kerala HC and SC rulings for the benefit of litigants. Call 343 6653, 341 2207, fax: 3412208.