Srinagar: A court on Thursday sentenced a person from the city outskirts to undergo year-long imprisonment and pay a fine of Rs 4.60 lakh for issuing a cheque that could not be honored for lack of funds in the account.
The court of City Magistrate Srinagar convicted one Javid Ahmad Tota, son of Ghulam Ahmad Tota, resident of Ellahi Bagh Buchpora, Srinagar, under section 138 of the Negotiable Instruments Act. The accused had issued two cheques worth Rs 2.30 lakhs to one Parvaiz Ahmad Sheikh, son of Ghulam Mohi-ud-din Sheikh from Kangan, Ganderbal.
The cheques issued by the accused in August 2007 were however dishonored by the concerned bank for the reason that there were insufficient funds in the account of the accused Tota.
The city judge after hearing the contending parties found that the complainant has been able to show that the cheques were bounced for want of funds in the account of the accused and because of his dishonest intention not to make the payment.
The judge said that the accused and his evidence have not been able to raise a probable defense, which could satisfy the court in the least possible way.
“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. As such, the accused is liable to be convicted,” said the judge.
For this reason, the accused Javaid Ahmad Tota was found guilty under Section 138 of the NI Act and convicted for the commission of the offense.
The convict was sentenced to undergo simple imprisonment for a period of one year and was imposed a fine of Rs 4.60 lakhs, double the amount of the issued cheques.
Further, the court directed “the whole amount of fine of Rs 4.60 lakhs shall be paid to the complainant as compensation with 8 percent simple interest per annum from the date of cheques till the date of judgment of conviction, for the loss suffered by the complainant due to the act of the accused.”
Moreover, in case of default in payment of compensation; the accused shall undergo further imprisonment for a period of six months.
The penalty on the accused shall be recovered by the issuance of a levy warrant to be executed by District Collector Srinagar, authorized under law to realize the fine amount from the accused by attachment of immovable property of the convict.
The court refused to exercise the discretion to release the convict on probation. He was instantly forwarded to the Superintendent Central Jail Srinagar to serve his sentence and the case was accordingly disposed of.
