Srinagar- A Srinagar court has convicted an accused in four different cheque bounce cases and sentenced him to one year imprisonment in each of them.
The court—City Judge Srinagar, Ms. Fozia Paul—also directed the convicted person, a car dealer by profession, to pay Rs 42.80 lakhs which is double the amount of the dishonoured cheques.
The court also turned down the prayer to release the convict, Imtiyaz Ahmad Malla, Proprietor M/s Wise Guys Autokraft, Amargard Sopore, on probation, observing that he is a “mature person and understands the implications of deceiving people.”
Moreover, the court said the complaints are pending since the year 2014. “As such, the benefit of probation to such convict would be to grant license to such frauds to deceive public at large,” the court said.
In one case, Malla had issued cheque in favour of Crest Auto Kraft Pvt. Ltd. Kunjwani By-pass Jammu on 19 February 2014 for an amount of Rs. 7,80,000. However the cheque was returned unpaid. After perusing the record and the testimonies of the witnesses, the court convicted Malla and sentenced him to undergo simple imprisonment for a period of one year. The court imposed a fine of Rs. 15.60 lakh which is double the amount of cheque.
“Further, an amount of Rs. 5 lakh and sixty thousand out 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 court said, adding, “In case of default in payment of compensation; the accused (Malla) shall undergo further imprisonment for a period of six months.”
Further, the court said, such fine of Rs. 10 lakh imposed on the accused shall be recovered by issuance of levy warrant to be executed by District Collector Baramulla who is authorised to realize the amount from the accused by attachment of immoveable property of the accused after the period of appeal is over.”
Similar order has been passed with regard to another case for which the accused had issued the cheque of same amount on 22 February 2014.
Likewise, the court convicted and sentenced Malla with regard to cheque issued on 6 January 2014 for an amount of Rs 2,90,000.
“As a result, the accused is sentenced to undergo simple imprisonment for a period of one year and is imposed a fine of Rs.5.80 lakh which is double the amount of cheque.”
Further, the court said, an amount of Rs. 2.80 lakh out of such fine shall be paid to the complainant as compensation for the loss suffered by it.
“In case of default in payment of compensation, the accused shall undergo further imprisonment for a period of six months,” the court said, adding, “further, such fine of Rs. 3 lakh imposed on the accused shall be recovered by issuance of levy warrant to be executed by District Collector Baramulla who is authorised to realize the amount from the accused by attachment of immovable property of the accused after the period of appeal is over.” Similar order was passed by the court with regard to cheque issued by Malla on 7 January 2014.
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