A local court here sentenced a man to one year imprisonment and directed him to pay Rs six lakh compensation to the complainant, in a cheque bounce case.
Forest magistrate, Srinagar, Manoj Parihar convicted the person to one year simple imprisonment under Negotiable Instrument Act (NI Act). After hearing prosecution and defence counsel, the court observed that case laws relied by accused for his defence rather than helping him was helping complainant in light of the facts of the case.
“Once the execution of cheque is admitted, then onus shifts to accused because presumption lies in favour of holder of the cheque but with a rider that it is rebuttable presumption and the onus lies on the accused to raise the probable defence in light of material placed by the complainant or defence evidence,” the court said.
While referring to various provisions of law, the court said the evidence produced by the complainant has not been shaken with respect of their truthfulness regarding debt or liability, as nothing has been cross examined to this aspect by the accused.
“The defence by accused is his afterthought which he could not prove on the principles of preponderance of probabilities,” the court said, adding, “The case stands proved against the accused and is convicted for commission of offence under NI Act.”
As per the case history, complainant, Muhammad Shareif Yatoo had paid advance payment of Rs 4.30 lakh to the accused Nazir Ahmad Wani for supply of popular trees. However, the accused failed to supply the agreed quantity of popular trees within stipulated time and the complainant demanded the money back.
The accused issued two cheques in favour of the complainant which were dishonoured at respective bank branches. Despite legal notices from the complainant, the accused did not pay the money following which the complainant lodged the complaint in the court in 2013.