Excelsior Correspondent
Srinagar, July 24: A local court here convicted an accused in cheque bounce case and awarded sentence and penalty on him for committing the offence under Negotiable Instrument Act.
The court of City Judge Srinagar has convicted one Imtiyaz Ahmad Malla of Sopore Baramulla (M/s Wise Guys Autokraft, Amargard, Sopore) for committing the offence under Negotiable Instrument Act and accordingly sentenced him for imprisonment of one year jail with fine of Rs 5. 80 lakhs which is double the amount of cheque which he had given to the complainant-Crest Auto Kraft Pvt. Ltd. Kunjwani By-pass, Jammu through its General Manager
Court directed that from an amount of Rs. 2.80 lakh out of such fine shall be paid to the complainant as compensation for the loss suffered by the complainant due to the act of the accused. “In case of default in payment of compensation; the accused shall undergo further imprisonment for a period of six months”, read the judgment.
Court said that remaining Rs. 3 lakh imposed on the accused shall be recovered by issuance of levy warrant to be executed by District Collector Baramulla who is authorized to realize the said amount from the accused by attachment of immovable property of the accused after the period of appeal is over.
Court after perusal of the record and examining the statement of witnesses said the complainant has proved that the accused issued the cheque to the complainant for a legally enforceable debt and the complainant has been able to show that the cheque in question got bounced for want of funds in the account of accused and because of his dishonest intention not to make the payment.
“Having carefully perused the record of the case, the testimonies of the witnesses of the accused along with the judgments submitted by both the sides, I am of the considered view that the complainant has succeeded in establishing the guilt of the accused, for the commission of offense under Section 138 of Negotiable Instruments Act, beyond reasonable doubt”, court said.
“The complainant has been able to prove that the accused was indebted to the complainant for an amount of Rs.2,90,000/-, for which the accused issued a cheque to the complainant. However, the said cheque got bounced when presented before the concerned bank for encashment. Moreover, the accused has admitted the issuance of cheque and receiving of notice from the complainant for the demand of money,” court added.
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