Srinagar- A local court here on Thursday awarded one-year simple imprisonment to a man in a cheque bounce case instituted sixteen years ago.
The court—City Judge Srinagar Fozia Paul—also imposed fine of Rs 4.60 lakhs, double the cheque amount, to the accused, Javid Ahmad Tota of Ellahi Bagh Buchpora Srinagar, in connection with the two cheques issued by him to the complainant Parvaiz Ahmad Sheikh of Kangan Ganderbal for an amount of Rs 1.30 lakh and one lakh on 16 April 2007 and 30 May 2007 respectively.
In the complaint filed by Sheikh through his counsel advocate Sajad Ahmad Sofi submitted that both the cheques were dishonoured due to “insufficient funds” in the account.
“The accused is sentenced to undergo simple imprisonment for a period of one year and is imposed a fine of Rs. 4.60 lacs (Rupees Four Lakh and sixty thousand only), which is double the amount of cheques,” the court said.
Further, the court said, the whole amount of fine of Rs. 4.60 lakh shall be paid to the complainant as compensation with 8% simple interest per annum from the date of cheques till the date of judgment of conviction, for the loss suffered by him due to the act of the accused.
“Moreover, in case of default in payment of compensation, the accused shall undergo further imprisonment for a period of six months,” the court said, adding, “Such fine of Rs. 4.60 lakh imposed on the accused shall be recovered by issuance of levy warrant to be executed by District Collector Srinagar 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.”
The court also declined to exercise its discretion of probation to the accused, observing that the impact of this offence is usually confined to the private parties involved in commercial transactions.”
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