Srinagar Court sentences man to 2 Yrs jail in cheque bounce case, imposes 6 lakh fine

Mudasir Yaqoob

Srinagar, Dec 9: Srinagar Court has sentenced a man to two year jail term in a cheque bounce case of 2019.

After hearing counsels for complainant and accused, the Court of Second Additional Munsiff Judicial Magistrate, Srinagar, presided over by Ahtzaz Ahmed observed that the accused Muhammad Fayaz Shah of Fateh Kadal had not denied the issuance of cheque and had not denied receiving the legal notice.

While referring to various provisions of law and Supreme Court judgments, the Court said that in view of what has been discussed, it is hereby concluded that the accused is found guilty for offence punishable under  section 138 of Negotiable Instrument Act pertaining to dishonour of cheque.

“Hence, the accused is hereby convicted and shall undergo a sentence of simple imprisonment at Central Jail Srinagar for 2 years,” Court said.

Court also imposed the fine of Rs 6 Lakh on convict and directed that same shall be payable towards the complainant in whole.

“As such, the District Magistrate, Srinagar shall identify the movable or immovable properties belonging to the accused and the same shall be attached and sold under the procedure established by law. The sale proceeds to the tune of Rs 6 lakh shall be thereafter paid to the complainant to compensate him,” the court said.

As per complainant, the accused had during the course of the oral purchase deal with regard to a plot of land with the complainant received an amount of three lakh rupees as earnest money. However, deal could not be concluded due to some price differences. As such, accused had returned the amount through a cheque which was dishonored by bank on the ground of insufficient funds