One year imprisonment for returning check by selling 8 plots in Manjusar’s Vinayak Green
Vadodara: Two cases of the complainant couple regarding return of checks given by the manager of Pate Sai Enterprises after putting up for sale 08 plots in a scheme named Vinayak Green on the outskirts of Manjusar village in Vadodara district, the court has upheld the arguments of the prosecution. Accepting the arguments of the prosecution on behalf of the convicted side, the accused was sentenced to one year simple imprisonment and a check amount of 73.95 lakhs, ordered to pay compensation along with interest at the rate of 9 percent per annum within 30 days from the date of filing. Gave.
The details in this regard are that the complainant Aakriti Ripal Shah (Resident- Sarabhai Road, Vadodara) is associated with land development and other business. The property jointly owned by the complainant and her husband Ripal Girishchandra Shah is unirrigated land with an area of 10623 square meters in Block No. 24 near Manjusar village in Savli. At this place he made a scheme named Vinayak Green during the year 2018. In which accused Vaibhav Mukeshbhai Dave (Resident – Gotri Road, Vadodara) decided to sell 08 of 82 plots while managing Sai Enterprises at Signet Plaza, Gotri Samta Road. Lakh. Thereafter, the accused gave 26 checks of Rs 73.95 lakh to the complainant in lieu of the sale deed. Out of which four plots were mortgaged in bank and the accused had taken loan. Then deposited all the checks in the bank and returned them. A case has been registered under section 138 of the Negotiable Instruments Act. During the hearing of which, lawyer BHModi argued on behalf of the prosecution that now the time has come that the complainant should suffer financial loss due to the accused. Maximum punishment should be given to the accused so that he can set an example in the society. While Tara Shastri, appearing for the accused, M.H. Khan argued that the accused has the responsibility of his family. And there is only one earning person in the family. His mother’s health is also not good. Keeping those facts in view, minimum punishment and fine are requested. After perusing the arguments and evidence of both the parties, at 24 Ed. Chief Justice. Magistrate Bakulbhai Vijaysinh Vasava observed that the defense presented by the accused party could not be proved on record. Keeping in view the judgment of the Supreme Court, it seems appropriate to order payment of all checks with interest at 9 per cent per annum from the date of payment. Regarding lodging of complaint.