Anonymous User at 10:15 a.m. on 12 June 12
A person in Kolkata obtained payment of Rs 3.18,240 per bank transfer on 19.11.2010 against a fake delivery order dated 18.10.2010 for the materials negotiated, but does not deliver the materials. Also the Proforma given by seller carries CST number of some other firm in Kolkata, a criminal act. Meantime, seller also blackmailed, collected Rs 10,000 on some flimsy grounds promising immediate delivery. Seller also kept damaging the buyer many ways, including by Rs 3,000 each 16 times asking transport be sent to collect materials, but every time transport was sent back against one or flimsy reasons.
Finally after 4 months the seller issues a cheque for Rs 3,50,000 dated 5.4.2011. The cheque is bounced, legal notice given, not contested, case u/s 138 NI Act filed on 29.4.2011, seller evades court summons, NBW issued, seller attends court and bailed out. Many times, seller informs he is sending all dues by cheque, but backs out. The seller commits to pay the amount many times, started issuing cheques from September 2011, onwards issues various cheques in court which, by April, 2012, are again dishonoured 15 times, many cheques 3 times, one cheque 4 times. For the last two cheques dishonoured 3 and 4 times, fresh case u/s 138 NI Act filed on 4.6.2012.
Meantime, the accused after obtaining bail, attended the court one time, and again started evading court appearance, each time exemption from personal appearance is filed by local advocate, without ever any medical certificate even once. Finally NBW issued after 6 dates.
My advocate refrains from placing the above facts to the court file.
For the two fresh dishonoured cheques I have added the sections of 420 of IPC as ruled by SC on 23.4.2012 allowing for a case of cheating even in case the culprit has already been awarded punishment u/s 138 for the same offence.
The law normally provides for double the amount award, plus two years punishment. I wish to know, do I have a right to place above facts on the court records, and would it make a difference, and what punishment / s the court normally awards in such circumstances.