In a rare instance, a magistrate court has sentenced a real estate dealer, Furquan Zamindar, from Santacruz, to two years’ imprisonment in a cheque bouncing case. The accused took Rs6 lakh in 2008 from the complainant to get him a house but failed to do so and also failed to return money.
The complaint was filed by Bandra resident Sunil Jadhav through his lawyer Prakkash Rohira Zamindar after the cheque of Rs11 lakh given by him bounced. Zamindar had given the cheque dated June 3, 2012, to return the money he took for the room he was to give to the complainant in 2006.
It was claimed that Jadhav was introduced to Zamindar by former’s partner as Jadhav was looking for a house. Accordingly, on the assurance of Zamindar for arranging room premises he paid Rs6 lakh. Thereafter, the accused handed over some papers regarding room of one Shrimant Sitaram More. He also gave a blank agreement, power of attorney, affidavit signed by said More. After four years the accused failed to provide the room as assured to the complainant. Therefore, he issued a cheque of Rs11 lakh to return the amount of consideration along with compensation.
The cheque was returned unpaid because of insufficient funds.
During the pendency of the trial, both the parties admitted the liability of Zamindar to the extent of Rs5.50 lakh, out of which he had already paid Rs2 lakh. However, later, Zamindar denied the entire transaction. The court rejected his defence observing, that unless there was a liability, the court should not have entered the settlement. The court hence held him guilty under negotiable instruments Act.
