Srinagar 21 July : City Jude Srinagar Fozia Paul on Friday Convicted Car Dealer of Sopore in four Cheque Bounce Cases of the year 2014 and also Announced one year imprisonment, fine and Compensation in favour of the Complainant for the Loss Suffered by him.
According to on 22-02-2014 Imtiyaz Ahmad Malla
S/o Ghulam Hassan Malla
R/o Amargand, Sopore Proprietor M/s Wise Guys Autokraft, Amargard, Sopore issued four cheques in favour of the Crest Auto Kraft Pvt. Ltd.
Kunjwani By-pass, Jammu for an
amount of Rs. 7.80 lakh, Rs 7.80 lakh, Rs 2.90 Lakh and Rs 2.90 lakhs- drawn on J&K Bank Branch Office, Sopore which got bounced.
Accordingly Jammu Company filed four cases before the Honble Court of City Judge Srinagar. The court held that the accused has failed to rebut the presumption in favour of the complainant by the evidence lead by him in his defense.
Fozia Paul,City Judge Srinagar after hearing both the Counsels has passed detailed four Judgements wherein the court has held that the complainant has
succeeded in establishing the guilt of the accused, for the commission of
offense under Section 138 of Negotiable Instruments Act, beyond reasonable
doubt.
The complainant has been able to prove that the accused was indebted to
the complainant for the above mentioned amount, for which the accused issued four
cheques to the complainant.
However, the said cheques got bounced when
presented before the concerned bank for encashment. Moreover, the accused
has admitted the issuance of the cheque and receiving notice from the
complainant for the demand of money and later on failed to rebut the presumption in favour of the complainant as the accused failed to prove that the cheques in question were issued by the accused as security to the complainant without any legally enforceable debt.
As such, the accused is liable to be convicted. For this
reason,
City Judge held that, i find the accused namely Imtiyaz Ahmad Malla, guilty under
Section 138 of Negotiable Instruments Act and hence, I convict the accused
for the commission of offence under Section 138 of Negotiable Instruments
Act accordingly.
As a result, the accused is sentenced to undergo simple
imprisonment for a period of one year in all the four complaints and is imposed a fine of Rs. 15.60, Rs 15.60, Rs 5.80 lakh and Rs 5.80 lakh (Total= 42.80 lakh), which is double the amount
of cheques and out of which Rs 5.60,Rs 5.60, Rs 2.80 and Rs 2.80,( total Rs 16.80 lakh) shall be paid as compensation to the complainant by the accused.
Further, the District Collector shall realize the amount of fine from the accused by attachment of immovable property of the accused. Further, in default of payment of compensation,the accused shall undergo further imprisonment for a period of six months.
The court has further declined to release the accused on probation for the loss suffered by the complainant
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