Convicted by 3 courts in cheque bounce case, ailing woman gets legal aid from SC for filing SLP

Mandi/Shimla (HP), Dec 10 (PTI) Convicted by three courts in a cheque bounce case, an ailing single woman belonging to the low-income group finally got relief as her application for free legal aid to file a special leave petition (SLP) was accepted.

Kusum Sharma, daughter of Sidhu Ram of Sunder Nagar in Mandi district of Himachal Pradesh, was convicted by Additional Chief Judicial Magistrate, Sundernagar, in the cheque bounce case and sentenced to nine months imprisonment and a fine of Rs 2,25,000 on December 31, 2021.

Sharma's plea that one Kamla Devi had taken a blank cheque from her house, misused it and filed a false case under section 138 of the Negotiable Instruments Act against the applicant was not entertained.

Even though she had replied to the notice, contested the case and got the forensic examination of writing on the cheque conducted, the case was decided against her.

Sharma preferred an appeal against the order of the Additional Chief Judicial Magistrate (CJM), Sundernagar, before the Additional Sessions Judge, Sundernagar, but the appeal was dismissed on July 28, 2022 and the sentence was sustained.

Later, Sharma challenged the orders of the Additional Session Judge in the high court which also confirmed the sentence on August 7.

She requested the Legal Service Committee of the Supreme Court of India, maintaining that she was an ailing and poor divorcee and a single lady, having no source of income. She sought free legal aid under the provisions of the Legal Services Authority Act so that she could challenge the order of the Himachal Pradesh High Court before the Supreme Court of India.

Advocate Mahesh Sharma, who was fighting Sharma's case free of cost, said on Wednesday that the case was unfortunately decided against the woman and she was convicted by three courts but now her case is pending before the Supreme Court of India.

"The applicant was not in a position to contest the case before the Supreme Court and was ready to surrender but I advised her to file a case through the free legal aid committee of the Supreme Court and send the application to the committee twice but no one entertained the application. The application was also sent through the District Legal Aid Committee, Mandi, but nothing happened," he added.

Finally, an application was drafted and sent to Justice Surya Kant who was the chairman of the National Legal Service Committee after which the Secretary of Justice contacted the applicant and asked her to send the scanned copies of documents and informed her that an advocate had been appointed in her case.

According to the practice, if anyone is convicted, he or she has to surrender before filing an SLP. But in this case, Sharma has been exempted from surrendering and the SLP has been entertained, the advocate said. PTI COR BPL KSS KSS