Srinagar, Nov 20: A city court on Tuesday directed summons at the daughter of National Conference general secretary Ali Mohammad Sagar for issuing cheques despite insufficient funds in her bank account to a businessman from whom she had availed a loan.
The Chief Judicial Magistrate (CJM) Srinagar directed a summon against Yasmmena Ali, daughter of Ali Mohammad Sagar, and wife of Jehangir Hassan Khan, residing at Friends Enclave, Humhama, New Airport Road Srinagar.
“Prima facie there are sufficient grounds for proceeding against the accused under section 138 Negotiable Instruments Act (NIA)”, said the CJM.
The Magistrate directed to issue summons against the accused and asked her to appear before the court on 7th of next month.
The complainant, Waseem Wichka, a businessman from the Habba Kadal area of downtown Srinagar, told the court that Yasmmena had approached him to lend her an amount of Rs 1,27,200 on credit with an assurance that the amount would be paid forthwith.
The accused woman issued two post-dated cheques (August 15, 2018, and October 15, 2018) for the total amount of credit in order to discharge her liability towards the complainant.
The two cheques were deposited by the complainant in the Air Cargo branch of JK Bank at Srinagar. However the cheques were returned unpaid by the bank on October 25 on account of insufficient funds and signature differs.
The complainant approached the accused who assured that the debt will be settled a little later and that she would arrange cash for repayment of the loan within a few days.
However, neither was cash handed over, nor deposited in his account by the accused, the businessman told the court.
The dishonored bounced cheques made him to serve a notice of demand up on the accused.
The accused, despite the service of notice, failed to pay the amount due to the complainant. She even did not bother to reply the notice even after its receipt, he alleged in his complaint before the court.
She has “willfully and intentionally issued the fraud cheques” causing him immense lose, he said.
He accordingly prayed for summoning the accused under Section 138 of Negotiable Instruments Act and 420 of RPC and punish her in accordance with law.
