Excelsior Correspondent
SRINAGAR, July 12: A local Court has convicted and sentenced an accused in a cheque bounce case for two years imprisonment and directed him to pay a cheque amount to the complainant with compensation of the same amount.
The Chief Judicial Magistrate presided over by Mansoor Ahmad Lone has awarded two years sentence to accused-Avtar Krishan Raina of Roop Nagar Jammu for issuing cheques in favour of complainant-Ghulam Mohammad Bhat of Pulwama in lieu of purchase of a residential house, which were dishonoured by the concerned bank due to non-sufficient funds.
The CJM court in this regard has issued a warrant of commitment to the Superintendent Sub Jail Pulwama mentioning therein that since the offence has been proved against the accused-Raina and has been convicted under law. The concerned Superintendent as such has been directed to lodge the accused in jail with information to the court.
“The accused is accordingly convicted with an imprisonment for a term of two years. Further the accused is directed to pay the cheque amount of Rs. 5 lakhs to the complainant along with the fine of Rs. 5 lakhs as compensation”.
The crux of the complainant in his complaint is that he in order to purchase a residential house from the accused-Raina in Srinagar and in this connection has paid a hefty amount to the accused but he has failed to deliver the possession of the house to the complainant.
It is averred in the complaint that in order to discharge partial liability of debts the accused issued two cheques for an amount of Rs 5 lakhs in total and the complainant when presented these cheques before the concerned bank for encashment those were returned with the remarks with ‘Funds Not Sufficient’ resulting into proceedings against the accused under Negotiable Instrument Act.
The court while passing sentence against the accused said the accused on various hearings of the case was given time for payment of disputed amount but he has also failed as nobody on his behalf before the court filed bail bonds.
“So, the court was bound to send the accused to further custody in Sub Jail Pulwama and file was kept for hearing on July 10. Once the ingredients of the offence of NI Act are proved, judgment has to follow because no further proof is required in the matter”, reads the order.
Court while holding the accused for commission of offence said insufficiency of funds and notice which is established by the conduct of the accused, therefore no room is left open for this court but to convict the accused as he has admitted the accusations levelled against him.
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