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  5. Gopal Kanda booked for evading summons in check bounce case

Gopal Kanda booked for evading summons in check bounce case

New Delhi, Sep 5: Former Haryana Minister Gopal Kanda's legal woes are piling up with police registering a fresh case on the direction of a court for evading appearance in a 14-year-old cheque bounce case

PTI Published : Sep 05, 2012 17:22 IST, Updated : Sep 05, 2012 17:33 IST
gopal kanda booked for evading summons in check bounce case
gopal kanda booked for evading summons in check bounce case

New Delhi, Sep 5: Former Haryana Minister Gopal Kanda's legal woes are piling up with police registering a fresh case on the direction of a court for evading appearance in a 14-year-old cheque bounce case which he settled recently.  




Kanda, who is already in judicial custody in connection with the suicide of his former employee Geetika Sharma, and his brother Govind were declared proclaimed offenders in the case which they had settled out of court last month.  

A senior police official said they registered a case under Section 174-A (punishment for non-appearance in response to court proclamation) against the brothers in Connaught Place police station yesterday on court's direction.  The duo were declared proclaimed offenders in the case this May.

While directing registration of case, the court said evading court summons and warrants is different from cheque bounce case and acquittal in one case does not absolve anyone of the second offence.

“The offence under section 174 A (proclaimed offender) of the Indian Penal Code and section 138 of the Negotiable Instruments (NI) Act (cheque bounce case) are two distinct offences.

“The acquittal of the accused in the compoundable offence under section 138 of NI act does not bar investigation into the offence under section 174 A IPC,” Metropolitan Magistrate Vikrant Vaid had said.

The brothers had been facing summons and warrants issued by a Delhi court since 1998 in the cheque bounce case related to dishonour of a Rs 4.10 lakh cheque issued by them.  Finally in May this year, the court had declared both as proclaimed offenders for not responding to its summons and avoiding its warrants.

The case of cheque bounce was settled between the two parties on August 27 after the brothers paid the amount of Rs 4.10 lakh to the complainant.

If Kanda brothers are convicted under section 174 A of the IPC, they could get a maximum punishment of three years.  Kanda had resigned as Harayna's minister of state for home after he was charged with abetting the suicide of Geetika Sharma.
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