Fee Cheque Bounce: HC Relief to MBBS Students Parents against Chintpurni Medical College
Chandigarh: By ordering a stay on the further proceedings against him, the Punjab and Haryana High Court has granted respite to the parent of an MBBS student in a bounced cheque case filed by the Chintpurni Medical College and Hospital.
The direction was passed by honourable Justice Gurvinder Singh Gill after hearing a petition filed by Kamal Preet Gupta, who directed the bank to stop fee payment after his daughter was shifted from the Chintpurni Medical College and Hospital to Punjab Institute of Medical Sciences (PIMS), based on court directions.
The cheque furnished by the parent, dated September 20, 2017, for Rs 50,000 got bounced, when the Chintpurni Medical College administration presented it before the bank. Thereafter, the medical college moved the trial court and filed a case against him. In response to the case, the parent filed a petition with the high court against the Chintpurni Medical College and hospital.
In his petition, the parent had assailed the complaint dated January 5 as well as summoning order dated April 16, passed by the Pathankot Judicial Magistrate first class, whereby he was summoned to face trial for an offence punishable under Section 138 of Negotiable Instruments Act. The proceedings were initiated soon after the cheque was dishonoured,
Before the court, the counsel for the petitioner submitted that his daughter was admitted to the first session in the Chintpurni Medical College and Hospital in Pathankot district on September 30, 2016. The college did not have the necessary infrastructure and did not provide adequate facilities for the purpose of medical studies, leading to its final closure last year
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The said issue was also brought before the High Court's notice, subsequent to which the HC Bench stated that ‘the state and respondents were mandated to follow the law and to make arrangements to shift the petitioners to other medical colleges as per the procedure laid down by the Medical Council of India (MCI).’
Following the High Court’s assertion, the petitioner’s daughter was shifted to Punjab Institute of Medical Sciences, Jalandhar, (PIMS) Medical & Education Charitable Society, 2017-18 session onwards. The petitioner accordingly paid the fee amount to the college.
Quintessentially, it was obscured within the petition that to pay the fee to one medical college after she was shifted to another is basically absurd.
The counsel submitted that the post-dated cheque was issued as security in July 2017 before the students were shifted, reports Tribune. “Once there was no liability to pay any fee to the Chintpurni Medical College, the petitioner issued directions to the bank for stopping payment in case any cheque was presented. Consequently, the cheque was dishonoured after the institute chose to present it, even though it was not expected to be presented after the students stood shifted to other colleges,” the counsel added.
After agreeing to with submission that there was no liability on the parent’s part to pay the fee after his daughter was shifted to another college for the 2017-18 session under the Punjab Government orders, Justice Gurvinder Singh Gill ordered a stay on further proceedings against the petitioner.
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