Shopian, Nov 16 (KS): A local Court in Shopian has convicted and sentenced an accused in a cheque bounce case for two years imprisonment and directed him to pay double cheque amount to the complainant with 15 percent interest on the cheque amount from date of issuance of cheque .
As per an order of Chief Judicial Magistrate Shopian a copy of which lies news agency—Kashmir Scroll (KS) the accused namely Mohammad Iqbal Wani son of Abdul Gani Wani resident of Narwani Shopian owes an amount of Rs.56,80,000 to the complainant namely Tanveer Ahmad Bhat son of Gh Hassan Bhat resident of Nildoora Shopian and for the liquidation of the said amount the accused issued two cheques bearing No.296751 dated 29/12/2022 for an amount of Rs.29,30,000 and cheque bearing no. 296752 dated 17.01.2023 for an amount of Rs. 27,50,000, and the said cheques bear the signature as well as of the accused.
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“The cheque leaves issued by the accused to the complainant are of J&K Bank payable at par at all branches of JK Bank. It is submitted that when complainant presented the said cheques for deposition in his own account bearing no. 0492020550000100 before JK Bank B/U Harmain Shopian wherein the complainant is maintaining his own account for collection/encashment but said cheques were dishonored and same has been returned by banker alongwith returning memo with the remarks/endorsement “Funds insufficient & Cheques does not pertain to the account mentioned in the Cheque” standing to the credit to the account of the accused which would satisfy the amount mentioned in the cheques.” Reads the order.
“The cheques as well as the memo issued by the bank are annexed with the complaint. After the receipt of the memo from the bank, the complainant served a demand notice upon the accused on 16/03/2023 through his legal advisor through registered post informing the accused that the cheques issued by have not been honoured and the same have been returned unpaid by the concerned bank and as such make the payment within a period of 15 days from the date of receipt of the demand notice.” It reads further.
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‘Despite of the demand notice, the accused has not; bothered to answer the demand notice nor has made the payment of aforesaid amount to the complainant within the stipulated period given in the demand notice. The cause of action. against the accused has arose within the territorial jurisdiction of this court as the demand notice has been served to the accused from the territorial jurisdiction of this court, secondly the cheques were also to be drawn at JK Bank B/U Hermain Shopian. The complainant also resides within the territorial jurisdiction of this court.” Order states further.
“In pursuance to the complaint preferred before this court. preliminary statement of the complainant have been recorded. which ex-facie established the commission of offences under section 138 of Negotiable Instrument Act and complainant was asked to lead evidence and process for summoning the accused was issued. The accused caused his appearance and trial. commences and complainant adduced witnesses in the case. The statement of accused under section 242 of Cr.P.C also recorded in which accused person has accepted the transaction of money between complainant and accused and he has stated that he has submitted application for cheque to the bank authority but he has at times refused that there was any transaction between the parties.” It reads.
“Keeping in consideration the voluntarily admission on the part of accused person viz statement under section 251. 313 Cr.P.C wherein he has admitted business transactions between him and the complainant, therefore sole arguments advanced that transaction is not proved and out of transaction, legal debt comes into existence before the court, I hold the accused guilty for the commission of offence under section 138 N.I.Act, as such is convicted who shall undergo for imprisonment of 02 years and double the cheque amount with 15% interest with Rs. 1,00,000 as compensation from the date of its issuance which shall be paid to the complainant. PO is directed to take the custody of the accused so that he shall serve imprisonment. The complaint is accordingly disposed off and be consigned to records after its due completion.” Order reads further.
