Excelsior Correspondent
Srinagar, July 21: City Judge Srinagar today delivered a verdict, convicting a car dealer from Sopore in four cheque bounce cases dating back to the year 2014.
The convicted car dealer, identified as Imtiyaz Ahmad Malla, has been sentenced to one year of imprisonment, in addition to a substantial fine and compensation payable to the complainant.
As per details, the cases revolve around four cheques, each issued by Imtiyaz Ahmad Malla, who is the proprietor of M/s Wise Guys Autokraft located in Amargand, Sopore.
The cheques, amounting to Rs. 7.80 lakh, Rs. 7.80 lakh, Rs. 2.90 lakh, and Rs. 2.90 lakhs, respectively, were drawn at the J&K Bank Branch in Sopore.
However, when the cheques were presented for encashment at Crest Auto Kraft Pvt. Ltd. in Kunjwani By-pass, Jammu, they bounced, causing a loss to the complainant.
Following the cheque bounce incidents, the complainant, Jammu Company, took legal action and filed four cases against Imtiyaz Ahmad Malla before City Judge Srinagar.
During the trial, the court examined the evidence and found that the accused failed to refute the complainant’s claims adequately.
City Judge Srinagar, Fozia Paul, examined the arguments presented by both counsels and rendered four judgments in favour of the complainant.
The court established beyond reasonable doubt that Imtiyaz Ahmad Malla was guilty of committing an offence under Section 138 of the Negotiable Instruments Act.
The court determined that the complainant successfully demonstrated the existence of a debt owed by Imtiyaz Ahmad Malla, for which the four cheques were issued, noting that the accused’s acknowledgement of issuing the cheques and receiving notices from the complainant further strengthened the case against him.
The court has also rejected the accused’s claim that the cheques were issued merely as security without any legally enforceable debt, finding it unsubstantiated.
Consequently, the City Judge pronounced Imtiyaz Ahmad Malla guilty under Section 138 of the Negotiable Instruments Act and subsequently sentenced him to one year of simple imprisonment for each of the four complaints.
In addition to the prison term, the court imposed a hefty fine, amounting to Rs. 15.60 lakh, Rs. 15.60 lakh, Rs. 5.80 lakh, and Rs. 5.80 lakh, totalling Rs. 42.80 lakh. The fine imposed is twice the value of the bounced cheques.
Furthermore, as a form of compensation to the complainant, Imtiyaz Ahmad Malla is required to pay Rs. 5.60 lakh, Rs. 5.60 lakh, Rs. 2.80 lakh, and Rs. 2.80 lakh (totalling Rs. 16.80 lakh) out of the fine amount.
The District Collector has been tasked with collecting the fine from the accused by attaching his immovable property. In case of failure to pay the compensation, the accused faces an additional six months of imprisonment. The court also declined to grant probation to the accused, considering the loss suffered by the complainant.
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