Srinagar
In a cheque bounce case, a court in Pampore on Saturday convicted a man to six months of imprisonment and directed him to pay rupees twenty lakhs and forty thousand compensation to the complainant.
Judicial Magistrate Pampore Fozia Paul convicted the accused person Javeed Ahmad Shah to six-month imprisonment under Negotiable Instrument Act (NI Act). The court directed the convict to pay double the amount, amounting to rupees twenty lakhs and forty thousand only, as compensation to the complainant.
The complainant, Jhelum Cements Ltd Khrew through Nazir Ahmad Shah son of Abdul Razak Shah resident of Chanapora had filed a complaint in the court of Judicial Magistrate Pampore, pleading that he had advanced an amount of Rs. 22.0 lacs to the accused on account of procurement of mining lease land.
The accused was supposed to deliver and procure the land for the proposed mine but he failed to do the same and in order to reduce the liability issued cheques bearing No. 19784133 dated 02.08.2008 for an amount of Rs. 3,00,000/-, No.19784122 dated 07.05.2008 for an amount of Rs. 3,00,000/-, No.19784134 dated 03.08.2008 for an amount of Rs. 3,00,000/-, No.19784135 dated 25.08.2008 for an amount of Rs. 1,20,000/- in a total of Rs.10.20 lakhs drawable at J&K Bank Ltd Branch Office SSI Lal Chowk from the account of accused under No. CD-1645.
However, all the cheques got bounced on account of insufficient funds in the account of the accused and were returned back to the complainant by the J&K Bank Ltd Branch Office SSI Lal Chowk. The same bank issued memos showing the insufficiency of funds.
Despite legal notices from the complainant, the accused did not pay the amount following which the complainant lodged the complaint in the court in the year 2009.
The court observed that the accused has committed the offence under section 138 of NI Act and as such was held guilty.
“The accused is accordingly convicted under section 138 N.I Act and is sentenced to undergo imprisonment for a period of six months and is also directed to pay a compensation of rupees twenty lakhs and forty thousand, ”read the order issued by Judicial Magistrate Pampore.
“The whole amount of such fine shall be paid to the complainant as compensation for the loss suffered by the complainant due to the act of the accused,” the order reads.
It further reads that in case the accused failed to pay compensation he shall undergo further imprisonment for a period of six months. All the sentences, however, shall run concurrently. “Accused is as such forwarded to the Superintendent Central Jail Srinagar to serve his sentence.”
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