Srinagar: A city court today sentenced a man from Baramulla for six month imprisonment and imposed on him a fine of Rs 6.52 lakhs for issuing cheque to a Delhi-based apple trader, which later bounced in the bank for lack of funds.
Sub-Judge Small Causes Court, Srinagar, Tabassum, after hearing the contending parties convicted one Mohammad Maqbool Lone, son of Ghulam Ahmad Lone of Tarzoa Sopore under section 138 of the Negotiable Instruments Act (NIA).
She sentenced the convict to undergo simple imprisonment for a period of six months and imposed on him a fine of Rs 6,52,000 — double the cheque amount.
The prosecution was directed to take custody of the convict and sent him to Central jail Srinagar.
“The fine imposed shall be recovered by issuance of levy warrant to be executed by District Collector Baramulla authorizing him to realize the total amounting to Rs 6,52,000 by execution/attachment through civil process against both movable and immovable property of the accused. Compliance report to be filed by District Collector Baramulla regarding the execution within one month from the date of announcement of this order,” the court directed.
A complaint against the accused had been filed by one Ramesh Kumar Vasandani of Azadpur Sabzi Mandi, Delhi. His complaint stated that he has been purchasing apples from the valley growers for the last two decades and had friendly, jovial relations with the accused.
The petition stated that the accused approached the complainant to purchase apples from him and the complainant accordingly agreed. Some advance money was provided to the accused and both of them started business.
As per the understanding the accused sent apple boxes to the complainant. The transactions were good for some 4-5 years and thereafter the accused ended business with the complainant. After the settlement of accounts an amount of Rs 3,26,000 was found outstanding against the accused.
It also stated “the accused in order to liquidate the payment to the complainant, had issued one cheque for discharging his liability in favour of the complainant vide cheque for an amount of Rs 3,26,000 drawable at any branch of J&K Bank Branch Unit Tarzoa Sopore”.
In order to en-cash the said cheque, the complainant presented the said cheque at Punjab National Bank branch office Qamarwari in October 2020 but it was returned with the remarks that the “drawer signature differs”.
The complainant, through his counsel, issued a legal notice to the accused demanding payment of the cheque, “but the accused failed to pay the amount.”
The accused has “deliberately and wilfully cheated the complainant and has committed the offence under Negotiable Instruments Act,” the complaint read adding “the intentional and wilful delay on the part of the accused has caused great financial loss and agony to the complainant”.
The accused, however, told the court “I have not issued the cheque number as mentioned above for an amount of rupees mentioned above in favour of the complainant. But the cheque belongs to me and bears my signature and the account number is written by me. I have not signed the contents pertaining to date and amount in the cheque. I have issued this cheque in favour of the complainant as a security measure in 2014. I have not received any legal notice.”
The court held that the plea taken by the accused that he has not written contents of date on the cheque by himself does not absolve him of the liability in terms of provisions of NIA.
It said “complainant has been able to prove that the cheque in question bearing No. 319720 for an amount of Rs 3,260,00 maintained by the accused in J&K Bank Branch Unit Tarzoa Sopore was issued in discharge of legally recoverable liability owed to the complainant by the accused.”
It held that the essential ingredients of Section 138 of NIA stand established by the complainant and the accused has failed to rebut the statutory presumption.
