SRINAGAR: A court in Uri has sentenced an accused to four months of simple imprisonment after convicting him in a cheque bounce case.
A case was filed by Mohammad Dawood Lone, son of Abdul Karim Lone, resident of Ramgie Uri, against Abdul Rasheed Bhat, son of Anaytullah Bhat, a resident of Ihtishampora Boniyar under Section 138 of Negotiable Instruments Act before Sub-judge Uri.
In a 22-page long order, of which the gist is produced here, the learned judge, Altaf Hussain Khan, observed that the accused is sentenced to simple imprisonment for a period of four months and a fine of Rs 12,00,000 (Rupees Twelve Lakhs only) since the accused has paid an amount of Rs 1,94,0000 (Rs One Lakh and Ninety-Four Thousand Rupees) during the pendency of the proceedings in terms of the order passed by this court under section 143-A of N.I act, and the same is set off from the fine imposed. The rest of the fine amount of Rs 10,06,000 (Rupees Ten Lakhs and Six Thousand) shall be paid by the accused to the complainant as compensation within the period of 30 days from the date of this judgment.
“With these observations, the accused is convicted of the offense U/S 138 of N.I Act. However, keeping in view the object of Negotiable Instrument Act, the financial gains which the cheque amount in question could have fetched had the payment of the amount mentioned in the cheques been made to the complainant by the accused on the due date, as the complaint in hand has been filed on 21/02/2022. The trial of the case has reached a conclusion within a span of one year and two months. Furthermore, the accused is apparently of old age and is suffering from illness. His conduct during the trial has also remained satisfactory. He has also paid the interim compensation of Rs 1,94,000 to the complainant pursuant to the order passed by this court on 06/05/2022, in the application for interim relief submitted under section 143-A of Negotiable Instruments Act and other facts and circumstances. The accused is sentenced to simple imprisonment for the period of four months and a fine of Rs 12,00,000 (Rupees Twelve Lakhs only) since the accused has paid an amount of Rs 1,94,0000 (Rs One Lakh and Ninety-Four Thousand Rupees) during the pendency of the proceedings in terms of the order passed by this court under section 143-A of N.I act, and the same is set off from the fine imposed. The rest of the fine amount of Rs 10,06,000 (Rupees Ten Lakhs and Six Thousand) shall be paid by the accused to the complainant as compensation within the period of 30 days from the date of this judgment,” the order reads. (GNS)
