Srinagar: A court in North Kashmir’s Bandipora District has convicted a man in a cheque bounce case and sentenced him to one year of simple imprisonment besides directing him to pay Rs 10 lakh as compensation to the complainant.
Judicial Magistrate First Class, Sumbal, Rahila Rashid convicted Abdul Ahad Lone, of Zangum Pattan in Baramulla district, under Section 138 of the Negotiable Instruments Act.
As per the complaint filed by Haji Asadullah Dar of Shahgund, Hajin, the accused owed him ₹7 lakh arising out of fruit business transactions and had issued two cheques of ₹4 lakh and ₹3 lakh towards repayment of the liability.
The cheques were later dishonoured by the bank due to insufficient funds.
During the trial, the complainant produced documentary evidence and examined witnesses, including bank officials, to establish the liability.
The accused admitted his signatures on the cheques but contended that the signed cheques had been lost and were subsequently misused.
After examining the evidence, the court held that the accused had failed to rebut the statutory presumption in favour of the complainant and could not substantiate his claim regarding the alleged loss or misuse of the cheques.
In its judgment, the court observed that the complainant had successfully established the existence of a legally enforceable debt and proved that the cheques were issued towards discharge of the liability.
The court sentenced the accused to one year of simple imprisonment and directed him to pay ₹10 lakh as compensation to the complainant
