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Court awards 1 year imprisonment and Rs 6 lakh fine to accused

JKNS by JKNS
September 3, 2020
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*Cheque bounce case:*

*Court awards 1 year imprisonment and Rs 6 lakh fine to accused*

>>> A local court has awarded one-year simple imprisonment to a man in a cheque-bounce case.

Convicting the accused for the commission of offence punishable under Section 138 of the Negotiable Instrument Act, Sub-Judge Forest Magistrate Srinagar also directed the accused to pay a compensation of Rs 6 lakh to the complainant and in case default of payment of fine amount, the accused shall further undergo the simple imprisonment of one year.

Sub-Judge Forest Magistrate Srinagar, Manoj Parihar according to news agency KNT directed police to lodge the convicted fellow at District Jail Srinagar.

In a complaint, Muhammad Shareef Yatoo of Rambir Garh Srinagar, who is a timber merchant, stated that the accused Nazir Wani of Lawaypora Srinagar had approached him in 2013 for the supply of timber (poplar trees) for Rs 30 lakhs.

The complainant had paid Rs 4.30 lakh in advance but the accused failed to supply the timber. The accused resorted to dilly dally tactics and finally to discharge his liability, the accused Nazir Wani issued a cheque for an amount of Rs 1.50 lakh. When the cheque was sent for encashment at Baramulla Central Cooperative Bank, it was dishonoured as there was no cash in the account of the accused.

The complainant thus filed a complaint against the accused alleging that from the beginning, Nazir Wani had no intention to pay the amount outstanding towards him.

During trial, Advocate Tasaduk Hussain argued there was an outstanding amount that was to be paid by the accused and the documents regarding the payment from accused proved that the cheque he issued was dishonoured.

After hearing the arguments, the court held the accused guilty and sentenced him to undergo one-year simple imprisonment.

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