Cheque cheater convicted to two years imprisonment


Srinagar: In a continuous effort to take stern action against cheque-cheaters, Sub Registrar/JMIC Srinagar Syed Fayaz Qureshi convicted one person to two years imprisonment for issuing cheques which got dishonored. Besides, court awarded double the amount of cheques as compensation to be paid by the convict to the complainant.

The accused was indebted to the complainant for an amount of rupees 3760000/- for which the accused, after third party interventions, issued three separate cheques to the complainant for an amount of rupees 1760000/-, 700000/- and 1300000/-.

The complainant presented the cheques on the concerned branch of bank but the cheques were bounced due to not having sufficient amount in the account of the accused. The accused issued the cheques knowing that he does not have sufficient amount in his account. The complainant provided further time to the accused to pay back the cheques amount but he did not and so the complainant issued statutory demand notice through counsel to the accused demanding repayment of cheque amount but he did not pay which forced the complainant to file a private complaint in the court.

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The accused namely Nazir Ahmad Dar S/O: Gh Mohammad Dar R/o: Bismillah Colony Parrypora Baghat Srinagar (President Gousia House Building Cooperative Society) was summoned by the court after taking cognizance of the complaint. The accused caused appearance before the court personally as well as through counsel. The court asked the accused to show cause as to why he should not be convicted for defrauding the complainant by issuance of cheques which came to be dishonored. The accused admitted the issuance of the cheques to the complainant but took a defence that he had issued cheques as advance payment for purchase of land from the complainant but the land turned out to be khascharai. The court accordingly conducted full dressed trial.

After conclusion of the trial, the court of JMIC presided over by Mr Fayaz Ahmad Qureshi found the accused guilty and convicted him. The court sentenced the accused to two years simple imprisonment and compensation double the amount of cheques which comes to 7520000/- for committing offence under Section 138 r/w 142 Negotiable Instruments Act. The convict shall pay compensation within one month to the complainant.

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The convict has been sent to central jail Srinagar for serving his sentence.

The court observed that cheque bouncers have shaken the faith of bona-fide persons in smooth investment and commercial transaction. Such accused do not deserve any concession except punishment under law. The court observed that the credibility of the cheques has to be enforced to serve the object of incorporating Section 138 and 142 in Negotiate Instrument Act.

The court also said that law must ensure that cheques shape the trust of the people and be a reliable document. The bouncing of the cheques when takes place not only breaches the trust of the person in whose favor cheque is drawn but it also jeopardizes and hampers the smooth mercantile transactions by bona fide persons.

Farhat Zia Suharwardy advocate represented the complainant while the accused was represented by advocate Hilal Ahmad Wani. (KNS)

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