Srinagar: A city court here sentenced a person to one year imprisonment besides a fine of Rs 15.60 lakh in a cheque bounce case.
The Court of City Judge Srinagar, Fozia Paul sentenced one Imtiyaz Ahmad Malla, son of Ghulam Hassan Malla, resident of Amargarh, Sopore, under Section 138 of Negotiable Instruments (NI) Act. The convict had issued a cheque to a Jammu-based car dealer in 2014 for discharge of a liability worth Rs 7.80 lakhs.
The accused, according to the case details, had approached the company at its head office at Jammu and branch office at Srinagar for making sale of the cars through him. The offer was agreed to by the company on mutually acceptable terms and conditions.
The accused in order to clear his liabilities with the company issued a cheque dated 22.02.2014 in favour of the company drawn on J&K Bank, Branch Office, Sopore. The company presented the cheque for the collection through its bankers. It was, however, returned to the company unpaid with remarks that the payment has been stopped by the drawer and the account holder has insufficient funds.
The complainant after following certain procedures ultimately approached the court and alleged the accused of cheating and fraud. The allegations were refuted by the accused.
Judge Fauzia Paul while adjudicating the matter concluded that the complainant has succeeded in establishing the guilt of the accused, for the commission of offense under Section 138 of NI Act, beyond reasonable doubt.
“The accused and his evidence have not been able to raise a probable defence, which could satisfy the court in the least possible way. Further, the accused has not been able to place on record any document either, which could raise a probable defence in his favour,” the judge said, adding that none of the witnesses of the accused has been able to rebut the general presumption in favour of the complainant. Further, the accused has failed to produce other witnesses or documents in support of his defence.
The judge found the accused Imtiyaz Ahmad, guilty under Section 138 of NI Act and convicted him accordingly. He was sentenced to undergo simple imprisonment for a period of one year and slapped with a fine of Rs 15.60 lakh, double the amount of the cheque.
The amount of Rs 5.60 lakh out of such fine shall be paid to the complainant as compensation for the loss suffered by it due to the act of the accused, ordered the court.
In case of default in payment of compensation, the accused shall undergo further imprisonment for a period of six months, it added.
The fine of Rs 10 lakh imposed on the accused shall be recovered by issuance of levy warrant to be executed by District Collector Baramulla, directed the court.
The officer has been authorised to realize the amount from the accused by attachment of immovable property of the accused after the period of appeal is over.
It said the complaint is pending since the year 2014, and as such, the benefit of probation to such a convict would be to grant license to such frauds to deceive the public at large.
Accused has been forwarded to the Superintendent Central Jail Srinagar to serve his sentence.
