Excelsior Correspondent
JAMMU, Jan 27: A Jammu court has convicted a woman in a cheque bounce case and awarded both imprisonment and monetary compensation to the complainant, holding that the accused failed to honour a legally enforceable debt.
The judgment was delivered by the Court of Sub Judge/ Special Mobile Magistrate, Jammu, Slahuddin Ahmed, in a complaint under Section 138 of the Negotiable Instruments Act. The court found that the accused had issued a cheque amounting to Rs 3.80 lakh which was dishonoured on presentation due to insufficient funds. Despite service of a statutory legal notice and the lapse of the prescribed period, the accused did not make payment, leading to prosecution.
During the trial, the accused admitted her signature on the cheque but claimed that it had been issued as a blank security cheque and was later misused. The court rejected the defence, observing that mere denial was insufficient to rebut the statutory presumptions under the Negotiable Instruments Act. The court further held that the debt was legally enforceable and not time-barred under the applicable law.
After convicting the accused, the court sentenced her to six months’ simple imprisonment and imposed a fine of Rs 3.80 lakh along with interest at nine per cent per annum, directing that the entire amount be paid to the complainant as compensation. In default of payment, the accused will undergo an additional term of imprisonment.
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