CHEQUE BOUNCE CASE | Man sentenced to 1-year jail, fined Rs 4.60 lakh

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Srinagar: A court here Thursday sentenced a man to one-year imprisonment after convicting him in a cheque bounce case instituted in 2007.

The Court of City Judge Srinagar, Fozia Paul, also imposed a fine of Rs 4.60 lakh, double the cheque amount, to the accused, Javid Ahmad of Ellahi Bagh, Buchpora Srinagar, in connection with the two cheques issued by him to the complainant Parvaiz Ahmad Sheikh of Kangan, Ganderbal for an amount of Rs 1.30 lakh and 1 lakh on April 16, 2007, and May 30, 2007.

The complaint filed by Sheikh through his counsel Advocate Sajad Ahmad Sofi stated that both the cheques were dishonoured due to “insufficient funds” in the account.

“The accused is sentenced to undergo simple imprisonment for a period of one year and is imposed a fine of Rs 4.60 lakh, which is double the amount of cheques,” the court said.

Further, the court said, the entire amount of fine of Rs 4.60 lakh should be paid to the complainant as compensation with 8 percent simple interest per annum from the date of cheques till the date of judgment of conviction, for the loss suffered by him due to the act of the accused.

“Moreover, in case of default in payment of compensation, the accused will undergo further imprisonment for a period of six months,” the court said. “Such fine of Rs 4.60 lakh imposed on the accused should be recovered by issuance of levy warrant to be executed by District Collector Srinagar who is authorised to realise the amount from the accused by attachment of immovable property of the accused after the period of appeal is over.”

The court also declined to exercise its discretion of probation to the accused, observing that the impact of this offence was usually confined to the private parties involved in commercial transactions.

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