Excelsior Correspondent
Srinagar, June 25: The trial court directed the accused involved in cheque bounce offence to pay Rs 11 lakh as compensation to the complainant and awarded him two years jail for committing the offence.
Judge Small Causes, Fayaz Ahmad Qureshi awarded sentence of two year imprisonment for commission of offence under section 138 of Negotiable Instruments Act. The accused F A Dar had issued a cheque to the tune of Rs 5.5 lakh to the complainant-Mahinder Pal Singh which has bounced and the aggrieved persons approached the court with document proof issued from the bank in this regard.
The trial court after having regard to the documents on record as also the examination of witness awarded two-year simple imprisonment to the accused with the direction for payment of Rs 11 lakhs as compensation to the complainant.
“Accordingly, the accused is convicted and sentenced to a simple imprisonment of two years. Besides, the accused person shall pay a compensation amount of Rs.11 lakh which is double the cheque of Rs 5.50 lakh,” the court directed.
“The accused is directed to pay the compensation amount of Rs.11 lakh to the complainant within a period of one month from the date of this judgment failing which the same shall be recovered in accordance with Section 421 Cr.PC and other provisions of law applicable”, reads the verdict of Trial Court.
The Superintendent Central Jail, Srinagar after convicting the accused has been directed to lodge him in Central Jail, Srinagar until he completes the sentence of two years and on completion of the sentence, subject to any order as may be passed in case of any appeal, the convict shall be released.
The court however has suspended the sentence so awarded to the accused-Dar for a period of seven days from the date of judgment in order to enable the convictee to prefer an appeal under law which he is intending to move against his conviction. The court has made it clear that in case no appeal is preferred against the conviction and if no order of stay is passed by the superior court, then after the expiry of seven days period, the Superintendent Central Jail Srinagar shall commit the accused to jail for serving sentence as awarded to him.
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