Srinagar: In a cheque bounce case, a local court here sentenced the accused for two years imprisonment besides directing the district collector to realize an amount of Rs 8,60,400 by execution through civil process against his movable and immovable property.
The accused — Mohamad Ashraf Ahanger of Theed, Gandtal, Harwan, was convicted in the matter of a complaint filed by Malik Mujtaba of Brein, Nishat under Section 138 of Negotiable Instruments Act (NIA) in the Court of Special Mobile Magistrate Srinagar.
The sub-judge Fariqa Nazir ordered handing over of the convict to Assistant Public Prosecutor with direction that the accused be lodged at Central Jail, Srinagar.
“The fine imposed shall be recovered by issuance of levy warrant directed to District Collector Srinagar authorizing him to realize the amount of Rs 8,60,400 (interim compensation excluded) by execution through civil process against both movable and immovable property of accused and to file compliance within one month from the date of this order,” ordered the judge.
The brief facts of the case are that “the complainant lends Rs four lakhs to the accused persons on their request to enable and facilitate them to extend business of manufacturing iron works which includes gates, grills and other allied items.”
The accused is the sole proprietor of the firm Ahanger Engineering Works, which has its office next to the residence of the complainant.
The accused sought loan of Rs four lakhs to which the complainant agreed subject to certain terms and conditions which are spelled out in an undertaking executed by the accused persons on 15.10.2018 duly attested by Chief Judicial Magistrate Srinagar.
The complainant owned a second-hand car and sold that to the accused for Rs 2.70 lakhs out of which Rs two lakh were paid by the accused.
The complainant subsequently sought return of the loan amount and also the remaining payment of Rs 78, 000. But to the dismay of the complainant, the accused showed total disability to return the amount.
The accused after persuasion agreed to return the amount through cheques amounting to Rs 4,78,000 payable at J&K Bank branch office Brain Nishat Srinagar. However, all the cheques were dishonoured by the bank for the lack of necessary amounts.
The matter landed up in the court which held that the cheques in question were issued in discharge of a debt. The judge opined that the accused has committed an offence under Section 138 read with Section 142 of the N.I Act and shall be punished for the crime.
Accordingly, he was convicted for the commission of an offense under Section 138 of the Negotiable Instruments Act and was sentenced to undergo simple imprisonment for a period of two years. A fine of Rs 9, 56,000, double the cheque amount, was also imposed upon the convict.
