The convict, Amar Nath Aggarwal, has been further directed to undergo rigorous imprisonment for three months in default of payment.

Earlier, complainant Rajinder Kumar, owner of Rama Market, Manimajra, had alleged dishonouring of a Rs-80,000 cheque, issued by the accused on February 15, 1996, due to insufficient balance. Aggarwal had assured the complainant that the cheque would be honoured in the first week of March, Kumar said. The money had been borrowed by Aggarwal in December 1995 for business purposes. The payment had been promised in the same month, the complainant added.

The payment was not made even after a notice was sent to the accused through registered post as well as under the certificate of posting, the complainant said.

The accused, when confronted with the incriminating evidence against him, denied taking the loan from the complainant. The issuance of the cheque in the complainant's favour was also denied.

Aggarwal had alleged that the complainant had procured certain documents by conniving with the bank officials. The cheque book, along with a signed cheque had been removed from his scooter's tool box by the complainant after borrowing the vehicle, he said. A complaint had been lodged with the Manimajra police station regarding the loss and the payment of the cheque had been stopped.

The magistrate, after hearing the arguments, convicted and sentenced the accused under Section 138 of the Negotiable Instruments Act.