Business Standard

Bail is the norm in cheque bounce cases

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In a case of bounced cheque, the Supreme Court last week granted bail to the accused person, invoking the principle that bail is the general rule and jail is an exception. The accused person, in this case, was charged with cheating and issuing a cheque for ~1,800,000 which he stopped from payment by the bank. The drawee filed a case under the Negotiable Instrument­s Act. The drawer was charge-sheeted and jailed. He was denied bail by the trial court and the Allahabad High Court. On appeal, the Supreme Court reiterated the bail-not-jail principle and released him on bail. The judgment in the case, Dataram Singh vs the State of UP, noted that there was no apprehensi­on that the accused would abscond or hamper the trial in any manner. He was no shady character. The high court ought to have judiciousl­y exercised discretion and granted bail, the apex court said.

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