Karnataka: Sitting BJP MLA Convicted in Cheque Bounce Case
BJP MLA MP Kumaraswamy
A sitting BJP (Bharatiya Janata Party) Member of the Legislative Assembly (MLA) in Karnataka, MP Kumaraswamy, has been convicted in a case pertaining to bounced cheques. The judge referred to his defence as a "cock and bull story" and found that he had failed to make the payment within 15 days from the receipt of the notice regarding dishonour of the cheques. Kumaraswamy is the MLA from the Mudigere constituency in the Chikkamagaluru district.
The case was filed under section 138 of the Negotiable instruments Act. The proceedings were conducted in the Special Court for the trial of cases filed against sitting and former MPs/MLAs in the state of Karnataka.
As per the case facts, Kumaraswamy had borrowed a sum of around Rs 1.6 crore from one Huvappa Gowda. He offered to repay the sum via three different cheques. But all three cheques were dishonoured, citing 'insufficient funds.'
Gowda subsequently filed three cases against him. In 2018, Kumaraswamy wished to contest the Assembly elections and was advised to repay the sum. Kumaraswamy paid Rs 1.4 crore to Gowda, and the cases were withdrawn. Instead of repaying the balance amount, Kumaraswamy asked for yet another loan of Rs 68 lakh and promised to repay the money with 2% interest/month. This loan was also granted. When the complainant asked for the repayment, Kumaraswamy issued eight cheques of different amounts. All these cheques bounced as well.
The arguments put forth by Kumaraswamy were that the complainant did not have the financial capacity to lend such a large sum because he was a BPL card holder and that he had "misused the cheque leaves of the accused."
Further, he claimed that he paid Huvappa Gowda a sum of Rs 1.4 crore in 2018 only for the 'false cases' against him to be withdrawn. The judge, Preeth J, referred to this defence as a 'cock and bull story' and stated that "no prudent man would give away such a huge amount without any liability."
On February 14, the judge ruled in favour of the complainant, Huvappa Gowda, and ordered Kumaraswamy to pay him a compensation of Rs 48,25,000, failing which he will undergo imprisonment for six months. He was also ordered to pay a compensation of Rs 5000 to the state.
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