Excelsior Correspondent
SRINAGAR, Jan 1: Forest Magistrate Srinagar has awarded 2 years imprisonment and imposed a penalty of Rs 17 lakhs on an accused in a cheque bounce case.
The Presiding Officer Feroz Ahmad Khan convicted the accused for commission of offence under Negotiable Instrument Act and sentenced to two years jail. Court also penalized the accused with an equal amount of cheques which he had issued to the complainant.
The complainant-Abdul Rashid Sheikh of Narbal, Budgam was issued cheques by the accused-Riyaz Ahmad Azad of Habbak, Chinar Colony, Srinagar in lieu of business transaction which as per the complainant were returned to him by the concerned bank with the remarks ‘insufficient amount’ in the account of cheque holder.
Court said the complainant has been able to prove that the cheque in question issued by the accused in discharge of legally recoverable debt/liability owes to him, with the aid of presumptions of law raised in his favour. “Therefore, in the considered opinion of this court, the accused is guilty of an offence punishable under Section 138 N.I Act and is hereby convicted for the same”, read the judgment.
The court accordingly after convicted the accused sentenced him to simple imprisonment for a period of two years and directed the accused to be lodged for the period of two years at Central Jail Srinagar.
“The accused is also held liable to pay the cheque amount of Rs.17,80,233. In addition to the cheque amount, a fine of same amount to the tune of Rs.17,80,233 is imposed upon the accused, total an amount of Rs.35,60,466 which shall be paid by the accused to the complainant within a period of one month from the date of this judgment”, Court directed.
In case the accused fails to pay the amount, the court said the same shall be recovered from the accused in accordance with Section 421 CrPC and other provisions of law applicable, as the complainant is pursuing the instant case since last five years.
The accused has admitted that the complainant was known to him and he had business transactions with the complainant, however, has failed to prove that that cheque in question was not in discharge of a debt or liability by adducing evidence. The lack of evidence of the accused falsifies the stand of the accused that a cheque-book was signed lying in his car which was stolen by the complainant.
The court, while considering the evidence of the complainant on the whole, opined that the complainant and his witnesses have withstood the test of cross-examination. There is nothing in the cross-examination of the complainant and his witnesses that rebuts the presumption of legal enforcement debt in favour of the complainant qua the cheque in question.
“The accused has also failed to rebut, either through the cross- examination of the complainant or by way of independent evidence that the sum of Rs.17,80,233 was outstanding against him”, Court recorded.
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