Man sentenced to imprisonment for 15 days in cheque bounce case

Srinagar, Dec 10: In a cheque bounce case, a local court here on Friday sentenced a man to 15 days imprisonment and imposed Rs seven lakh fine on him.

After hearing counsel for plaintiff, advocate Mir Naveed Gul and accused, the Court of City Judge Srinagar presided over by Ajay Kumar said that accused has confessed his guilt at the initiation of case.

   

The court added that accused had filed an undertaking to liquidate the sum due within stipulated time.

“The said timeline was not adhered to by the accused. On 6 February 2020, he was granted one opportunity to make the balance payment within a period of one month. In the revision filed against this order by the accused, he was granted a further period of four months to liquidate the entire amount,” court observed.

The Court further observed that in view of COVID19 pandemic, a further time of one week was granted to him by Court on September 3, 2020 to pay the balance amount. “Still despite lapse of the time, the accused has not paid the balance amount of Rs 5 lakh to the complainant,” court added.

“Thus, in view of his confession of guilt made on 22 May 2018, the accused is convicted for the offence under Section 138 Negotiable Instrument Act,” it said.

The Court sentenced accused to undergo simple imprisonment for a period of 15 days and also imposed a fine Rs 7 lakh.

“In default of payment of this fine, he shall undergo simple imprisonment for a further period of three months. Out of this fine amount, Rs. 6.5 lakh shall be payable to complainant,” Court said.

Earlier advocate Mir Naveed Gul submitted before court that “because of dishonesty of few, people have lost faith in smooth orderly commercial transactions.”

As per case details, convict Mohammad Sultan Koka of Melhura Naina Shopain had issued several cheques in favour of Noor Mohammad Sofi in 2018 which were returned by bank unpaid citing ‘not sufficient funds in account of issuer.’

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