Excelsior Correspondent
SRINAGAR, Feb 13: A local court sentenced a person for one year with a heavy penalty in a four-year old cheque dishonour case.
The Chief Judicial Magistrate, Srinagar convicted a property dealer-Shafiq Ahmad Sheikh of Beerwah, Budgam in a cheque bounce case and imposed a fine of Rs 1.44 crore besides sentencing him to one year of simple imprisonment.
The complaint was filed under Sections 138 of the Negotiable Instruments Act, by one Mohammad Yaseen Mir of Lawaypora alleging therein that the accused had cheated him in a land deal at Dodpathri and by trusting the accused-Sheikh, he paid Rs 72 lakh in several installments to the accused.
However, when the promised revenue extracts were not provided, the complainant made independent inquiries and allegedly found that Sheikh had no authority over the land.
On being confronted, the accused issued a cheque for Rs 72 lakh towards discharge of liability and when presenting the cheque to the concerned bank, the same was returned unpaid on with the remark ‘Insufficient Funds’ prompting the filing of the complaint before the court of law.
During trial, the accused denied the allegations and claimed that a blank signed cheque had been misused. However, the court observed that once the execution and signature on the cheque were admitted, statutory presumptions under Sections 118 and 139 of the NI Act arose in favour of the complainant. The court held that the accused failed to rebut these presumptions and termed the defence of misuse of a blank cheque as a bald assertion unsupported by evidence.
Accordingly, the accused was convicted and sentenced to one year of simple imprisonment. He was also directed to pay a fine of Rs 1.44 crore, double the cheque amount, as mandated under law.
The accused absconded at the time fixed for pronouncement of judgment. The court directed the concerned SHO to arrest him and lodge him in Central Jail Srinagar forthwith.
It also ordered issuance of a levy warrant to the District Collector Budgam for recovery of the fine amount through attachment and execution against the movable and immovable properties of the accused.
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