A Ghaziabad court has sentenced a 55-year-old woman to one year in jail and imposed a fine of ₹1.6 crore in a six-year-old cheque-bounce case involving the purchase of property through an ₹87.5 lakh cheque that was later dishonoured for insufficient funds.
Additional District Judge Rampratap Singh convicted Kesar Jahan under Section 138 of the Negotiable Instruments Act. The court directed that ₹1.58 crore from the fine be paid to the complainant’s family as compensation, while the remaining ₹2 lakh would be deposited with the state treasury.
The court also ordered that failure to pay the fine would result in an additional two months of imprisonment. Any period already spent in custody would be adjusted against the sentence.
₹87.5 Lakh Cheque Issued for Property Deal
The case was originally filed by Jamirullah Khan, who died during the proceedings. His wife, Birjis Jabeen, and daughters, Aizra Khan and Hadiya Khan, later continued pursuing the matter.
According to the complaint, Jamirullah and Kesar had entered into an agreement concerning the sale of his ancestral property while a civil dispute over the land was pending before a local court.
Kesar allegedly issued an ₹87.5 lakh cheque from her Oriental Bank of Commerce account towards the outstanding consideration for the property.
Relying on the payment assurance, Jamirullah got the sale deed registered in her name. However, the money was allegedly never received.
Jamirullah deposited the cheque at the Central Bank of India’s Writganj branch on January 24, 2020. The cheque was returned within a week because of insufficient funds in the account.
A legal notice was sent through his lawyer on February 11, 2020, and was delivered the following day. The court noted that Kesar neither made the payment nor responded to the notice, following which the complaint was filed.
Accused Denied Signature and Financial Liability
When her statement was recorded on March 5, 2025, Kesar denied the allegations.
She claimed that she did not know how the complainant had obtained the cheque and denied that the signature appearing on it belonged to her.
She also maintained that she did not owe Jamirullah any money and denied having entered into any financial transaction with him.
The court, however, examined an agreement dated March 3, 2017, relating to the sale of the property.
According to the court, the agreement was signed by Jamirullah as the first party and by Imran Khan, Sameerullah Khan, Nadeem Iqbal and Kesar Jahan as the second parties.
The court found that the cheque had been issued as consideration for the sale.
Court Says Legal Presumption Was Not Rebutted
The judge held that the evidence established that the cheque had been drawn on Kesar’s account, carried her signature, was presented within the prescribed validity period and was dishonoured by the bank.
The court also noted that the statutory legal notice was sent within the required period and that payment was not made within 15 days of its receipt.
Under Sections 118(a) and 139 of the Negotiable Instruments Act, courts presume that a cheque was issued towards payment of a legally enforceable debt or liability unless the accused produces sufficient evidence to rebut that presumption.
The judge observed that Kesar had failed to produce concrete or reliable evidence capable of casting doubt on the complainant’s version.
The court said that a general denial or negative statement alone was insufficient to overcome the legal presumption attached to the cheque.
Based on the evidence and circumstances, the court convicted her under Section 138 of the Negotiable Instruments Act and held that the cheque had been issued in connection with the property transaction.
The ruling brings the six-year-old cheque-bounce dispute to a close at the trial stage, while also awarding substantial compensation to the complainant’s family.
About the author — Suvedita Nath is a science student with a growing interest in cybercrime and digital safety. She writes on online activity, cyber threats, and technology-driven risks. Her work focuses on clarity, accuracy, and public awareness.
