Srinagar: A Sessions Court here has set aside a trial court’s order whereby Managing Director (MD) Al Mehmood Builders, Sikandar Khursheed Dar, was convicted in a cheque-bounce case.
Court of 4th Additional Sessions Judge Srinagar, however, asked Judge Small Causes Srinagar (trial court) to recover the lump sum amount of Rs 20 lakh which includes Rs 4 lakh Al from the Al Mehmood Builders in four equal instalments with a gap of each instalment, not more than one month and pay the same to a woman compliant.
On May 5 last year, Judge Small Causes Court Srinagar sentenced the MD to imprisonment of one year and asked him to pay a compensation of over Rs 32 lakh to the compliant in the cheque-bounce case.
While awarding the sentence to the accused, the trial court had observed that the “object of bringing Section 138 of the Negotiable Instruments Act or statute is to inculcate faith in the efficacy of banking operations and credibility in transacting business on negotiable instruments.”
MD Al Mehmood Builders challenged the trial court order before the appellate court- Court of 4th Additional Sessions Judge Srinagar.
The appellate court observed that “perusal of the order dated 26. 4.2022 passed by the trial court reveals that the appellant has paid Rs 4 lakh before the trial court to the complainant for the purpose to liquidate liability of settled amount. The Court however noted that the trial court has not given sufficient time to the accused to liquidate the remaining amount of Rs 15 lakh due to which the appellant failed to liquidate the liability in time.
On the other hand, the court said, the counsel for the appellant has admitted before it that the appellant is ready to pay the remaining outstanding amount towards the complainant in some installments and for the said purpose he be given some time. “The said submission made by the counsel for the appellant before this court appears to be genuine /reasonable in the interest of justice,” it said.
The appellate court, accordingly, set aside the order dated 5. 5.2022 passed by Judge Small Causes Srinagar with a direction to the court to recover the lump sum amount of Rs 20 lakh which includes Rs 4 lakh in four equal installments. “ The period gap of each installment must not be more than one month,” the Court said.
The Court directed to cause their appearance before the trial court on March 15 for further proceedings.