Two doctors who are directors of a hospital have been found guilty and sentenced to six months rigorous imprisonment after cheques which were issued to repay a loan of Rs 15 lakh to an 80-year-old man were dishonored in 2013. The Andheri magistrate court has found Dr Shital Shah and Dr Rajul Mesvani guilty under sections of The Negotiable Instruments Act.

Seeking mercy, they urged the court to consider that they were doctors and submitted that they had not done it deliberately. The court accepted that the transaction was "civil" and said that the accused compelled the 80-year-old complainant (Rajni Shah) to knock the door of justice. Therefore, the accused are accountable to undergo a reasonable sentence and it would be fair to direct them to pay Rs 21.6 lakh.

The court said this amount has included the cheque amount and 7% interest per annum for six years, which is Rs 6.3 lakh. The court also included court fees of Rs 30,000 and litigation charges of Rs5, 000. The court also said that if the duo failed to pay compensation within a month, Rajni Shah will be eligible to further 7% interest per annum till its realization.

Rajni had told the court that the doctors were directors of Mediheights Healthcare Pvt Ltd. and also said that Shital was like his daughter and he had given a loan of Rs 15 lakh to the company. He said the accused guaranteed its return and executed a promissory note dated June 12, 2013. They had issued two cheques for Rs 10 lakh and Rs 5 lakh each for June and July 2013 respectively. He said both cheques were dishonored and two more were issued but were dishonoredtoo in October 2013. He then issued a legal notice and sought payment in November 2013 but got no response. Therefore, he filed the complaint against the company and doctors.

The doctors pleaded that they are not guilty and their advocate argued that in 2013 the company was in a financial crisis, its hospital was evicted from its premises at Vile Parle and the matter went before Bombay high court. The advocate argued that the cheques were issued only for income-tax purposes so there was no liability on the accused.

The court held that the accused failed to produce any significant and admissible evidence to prove their saying. The court relied on Rajnis statement and relevant documents, and said that it is proved that the accused issued the cheques in discharging legal liability and on presentation, the cheques were dishonored and on demand by way of legal notice, the accused failed to pay the amount of cheques within the specified period.

Source: ET Healthworld