Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Balaji Bakthavathsal (+919444448455)     06 March 2022

Evading simple imprisonment

In the trial of the case for the offences under the sections of 138 r/w 142 of Negotiable Instrument Act, the trial court awarded one year Simple Imprisonment to the accused who is a Govt. Servant on 22.08.2014.

The sessions Court where the accused appealed also confirmed the trial court judgment and confirmed the same on 18th April 2017.

The accused somehow managed the apprehension and avoided the imprisonment, continued in the service  and got retirement on superannuation on 30th April 2018.

Strictly speaking as per the rules, the accused should have been dismissed from service for the imprisonment awarded by the court. But somehow she managed.

The trial court was approached through RTI asking the action taken on the judgment and the trial court replied stating that warrant has been served to apprehend the accused where the warrant issued to the Police only after the letter of mine. When the Police was approached under RTI act to intimate the action taken on the warrant issued to it, the police denies that NO such warrant was received by it and it is not clear who is telling lie.

What necessary legal action can be taken in this regard as a Third Person ?



Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     06 March 2022

File another RTI to SPIO of Trial court seeking the certified copy of acknowledgment on record from the service of having received warrant, as police are denying the receipt and also enclose the copy of Police reply.

Subject on the information sought:  Case NO.....................In response to RTI Application dt...........the SPIO vide his reference No....................dt.............confirmed that warrants were issued on...................

The RTI Reply dt................from SPIO of Police confirmed that they have not received warrants and the self-attested copy was pasted on the back of this application.

Information solicited:

1. Please provide a certified copy of such acknowledgment of receiving summons from a competent police official in view of the denial by police.

After getting all valid evidence of such wilful negligence and non-compliance make a complaint to Registrar, Vigilance with all enclosures, and make a complaint praying for suitable action.

Dr J C Vashista (Advocate)     07 March 2022

The convict must have surrendered or arrested when the appeal was dismissed by Sessions Court. If he (convict) has evaded why did the complainant / respondent in revision before Sessions did not apply to Trial Court ?

Unconvincing statement..

Palak batra   08 March 2022

Dear Querist,

 

Negotiable Instruments Act 1881 regulates the different types of negotiable instruments like Promissory notes, Bills of Exchange and Cheques. Section 138 of the act talks about punishment for dishonoring of cheques. Section 138 was introduced as a criminal offence in 1989 by way of an amendment to the Negotiable Instruments Act, 1881.The main objective of introduction of this section was to encourage the use of cheques and increasing the credibility of transactions through cheques by making the dishonoring of the cheques as an offence.

 

The one who is at fault can be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or both. This is also a non-cognizable offence. 

 

One can file a RTI again for the cause again.

 

Regards,

Palak


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