Court Orders Criminal Case Registration in Cheque Dishonor Case Involving Closed Account

Bathinda Court Orders Criminal Case Against Man for Alleged Cheque Fraud

Bathinda , [Date] – A local court has directed the registration of a criminal case against Sukhwinder Singh , a resident of Bathinda , following allegations of fraud and cheating related to a dishonored cheque. The order comes after a complainant, residing in Sheikhpura, Talwandi Sabo, filed an application seeking legal action against Singh .

Case Overview: Loan, Dishonored Cheque , and Denial

According to the complainant, Sukhwinder Singh , an acquaintance, borrowed money over time and, in purported discharge of this debt, issued a cheque for Rs. 23,00,000 (Rupees Twenty-Three Lakhs). The cheque, numbered 132905 and dated April 17, 2023, was drawn on Singh 's account with Axis Bank Ltd. in Talwandi Aklia, Mansa. The complainant stated that Singh assured him the cheque would be honored upon presentation.

The complainant presented the cheque twice for encashment, first in April 2023 and again in May 2023 at Singh 's request. However, on both occasions, the cheque was dishonored. The second time, on May 25, 2023, the cheque was returned with a memo dated May 26, 2023, bearing the remark "Account Closed."

Subsequently, a legal notice was issued to Singh on June 9, 2023, demanding payment. In response, Singh , through his advocate, issued a reply dated June 23, 2023, denying any liability. Crucially, Singh allegedly claimed that the cheque in question was not issued by his bank and that he was not the holder of the cheque.

Complainant Alleges Forgery and Fraud

The complainant, in his application to the court, argued that while Singh did not explicitly deny his signature on the cheque, he claimed to have never issued it. The complainant contends that Singh knowingly misused a cheque not belonging to him, inserted his closed account number, and signed the cheque to fraudulently deceive and cheat him. The application explicitly accuses Singh of forgery, fabrication, fraud, and cheating.

The application stated, "The accused, knowing fully well that the cheque in question is not pertaining to the accused rather the same is belonging to some other person, illegally and fraudulently mis-used the same and issued the said cheque in favour of the applicant by inserting his own account no.921010012447742 which has already been closed and by putting his own signatures on the said cheque, thereby committing forgery and fabrication besides committing fraud and cheating with the applicant..."

Court Orders Registration of Criminal Case

After considering the complainant's application and the submitted documents, the court concluded that the allegations warranted a formal investigation. The judgment explicitly states, "It is, therefore, prayed that application may kindly be the accepted and the appropriate action may kindly be taken against the accused and criminal case may kindly be ordered to be registered against sections of IPC."

The court's decision to order the registration of a criminal case marks the initiation of formal proceedings against Sukhwinder Singh . Further investigations will now be conducted to ascertain the veracity of the allegations and determine the subsequent course of legal action under the Indian Penal Code.

This case highlights the serious legal repercussions of cheque dishonor, particularly when coupled with allegations of fraudulent intent and misuse of banking instruments.