2 yrs imprisonment awarded in cheque bounce case

Excelsior Correspondent

SRINAGAR, Jan 31: Sub-Judge/JMIC Chadoora Rajesh Kumar ID Abrol today awarded simple imprisonment for two years under Section 138 of Negotiable Instrument Act.
The sentence was awarded while disposing of a complaint filed by one Mehraj-ud-Din Khan against Ghulam Mohammad Wagay.
The counsel for the complaint submitted before the court that the accused had given two cheques worth Rs 11 lakh to the complainant but the same were dishonoured by the bank for want of sufficient amount in the account of the accused.
On this, the complainant filed a complaint in the court under Negotiable Instrument Act but same remained pending in the court since November 13, 2014. Finally, Sub-Judge/JMIC Chadoora Rajesh Kumar ID Abrol took up the complaint so as to ensure its disposal in a time bound manner.
After going through the file very minutely and keenly observing the contents of the complaint coupled with cheque bounce duly signed by the accused, the Sub-Judge observed, “from all these documents, it is transpired that accused in spite of confessing his guilt and making assurance has failed to make the payment within a time fixed by himself so he is found guilty of defrauding the complainant of this heavy amount and is liable to be convicted under Section 243 CrPC”.
Accordingly, the court awarded simple imprisonment for two years and fine equal to the double the amount of the cheques. “On the failure of the accused to pay the fine amount he shall further undergo two years imprisonment”, the court said.
The court directed SHO Chadoora to arrest the accused and send him to Central Jail Srinagar for serving the sentence.