First Class Judicial Magistrate R T Ghogle convicted owners of wine shop - My Wines, Amit Nandgaonkar and Manisha Nandgaonkar, and slapped a fine of Rs 9,500, failing which the two shall be jailed for a maximum of seven days simple imprisonment.
According to the prosecution, owners of the shop had on March 31, 2013 issued a cheque of Rs 4 lakh towards payment of Octroi duty to Thane Municipal Corporation (TMC). The cheque was dishonoured with remark of 'insufficient fund', following which the civic body issued a statutory notice to them.
The magistrate in his order noted, "As stated, the amount mentioned in the disputed cheque was paid by the accused after filing of the instant complaint. Hence, the debt or liability was legally enforceable at the time of filing of the complaint."
"Even otherwise, the fact that the accused had made payment to the complainant after the institution of the complaint, by itself, is not sufficient to exonerate the accused from the liability," the court observed.
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