2 years imprisonment in cheque bounce case, defaulter to pay Rs 16L to the complainant

Srinagar: A Court in Jammu and Kashmir’s Baramulla district has sentenced a man to undergo two years’ imprisonment in a cheque bounce case and directed the convict to pay Rs 16 lakh compensation to the complainant.

The compensation amount is double the accused had borrowed in 2015 from Abdul Lateef Khan of Boniyaar Baramulla.

The court said the complainant during the course of trial has proved that the accused identified as Ameer Khan presently a resident of Sheeri Baramulla has borrowed money.

In the judgmenet, the Sub- Judge Baramulla Iqbal Ahmed Akhoon said the accused had issued the cheques which were returned unpaid due to insufficiency of funds in the account.

“The complainant has proved his case and the accused is found to be guilty of commission of offence punishable under section N.I. Act and is convicted to undergo simple imprisonment of two years besides that he shall pay double the cheque amount i.e, Rs. 16,00,000. The fine amount of Rs 16,00,000 imposed on shall be paid to complainant,” the order read

A complaint was lodged before the Court on December 21, 2015 on the grounds that the accused Ameer Khan approached the complainant and borrowed Rs 5,28,000 to invest in a business and thereafter he would repay the said amount in two installments and share the profit of the business.

The complainant informed the court the accused failed to repay. The accused issued five cheques which were presented before the banks and all these cheques were returned unpaid as “funds not sufficient” .

The complainant later issued a legal notice to which Ameer did not respond. The court later took cognizance against the accused for commission of offences punishable under section 138 Negotiable Instruments (N.I)Act, which provides for criminal provision regarding a cheque bounced due to insufficiency of funds.


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