Asks Him To Pay Rs 73.5 Lakh In Total Including Fine, Compensation
By M Ahmad
Srinagar- A court in Srinagar on Tuesday sentenced a person to undergo one year simple imprisonment in a cheque-bounce case and also directed him to pay principal amount of Rs 47 lakhs, Rs 23.5 lakh as fine besides a compensation of Rs 3 lakh, totalling Rs 73.5 lakhs.
The court of ‘Judge Small Causes Srinagar’, Tabasum, observed that the complainant has been able to prove that the cheques one dated 19-12-2020 for an amount of Rs 15.5 lakh, another dated 21-12- 2020 for same amount and third one 28-12-2020 for Rs 16 lakh were issued in discharge of legally recoverable liability owed to the complainant by the accused.
“The essential ingredients of Section 138 of Negotiable Instruments Act stand established by the complainant and the accused has failed to rebut the statutory presumption,” the court said and convicted Mohammad Shafi Bhat for the offence under section 138 read with section 142 of Negotiable Instruments Act. However, the court said the offence under section 420 IPC has not been established against the accused.
“Therefore, accused Mohammad Shafi Bhat is convicted for commission of offence u/s 138 Negotiable Instruments Act only. Accordingly, accused is sentenced to undergo simple imprisonment for a period of one year and is also sentenced by way of fine to the tune of Rupees cheque amount plus half of the cheque amount as the case is of the year 2021 only, therefore discretion is exercised in awarding lesser sentence instead of double the cheque amount,” the court said, adding, “Accused shall also pay an amount of Rs. 3 lakhs as compensation to the complainant. The total amount to Rs. (73,50,000/-) Rupees Seventy Three Lakhs and fifty thousand only.”
The accused, the court said, stands already lodged up in Kot Bhalwal Jail. “The fine imposed shall be recovered by issuance of levy warrant to be executed by District Collector Srinagar authorising him to realize the total amounting to Rs. 73,50,000 (Seventy Three lakhs and fifty thousand only) by execution /attachment through civil process against both movable and immovable property of the accused,” the court said and directed compliance report to be filed by District Collector regarding the execution within one month.
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