Supreme Court has rejected a request of an accused in a cheque bounce case for his exemption from surrendering though he offered the payment of cheque amount.
A bench of Justice Rastogi has passed the order in the case titled as MADAN TIWARI vs YASHWANT KUMAR SAHU on 05.08.2019.
The petitioner has been convicted for an offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo two years of rigorous imprisonment along with fine of Rs.5,000/-.
The proceedings were initiated against him somewhere in April 2004 and he was held guilty by the trial Court and confirmed by the Court of Appeal/Revisional Court and almost fifteen years have rolled by this time.
Accused/petitioner moved an application seeking exemption from surrendering with a request that the petitioner is ready to pay the cheque amount.
However, Supreme Court held "I find no reason to grant indulgence. Application for exemption from surrendering is rejected. Four weeks' time is granted to the petitioner to surrender and file proof thereof".
Read the Order here:
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