The court of (sub-judge) special magistrate Baramulla has sentenced a man to two year imprisonment and directed him to pay Rs 16 lakh compensation to the complainant—which is double the cheque amount.
In an order Judge Iqbal Ahmad Akhooon found Ameer Ahmad Khan of Boniyar Baramulla guilty of commission of offence under section 138 of the Negotiable Instrument Act and sentenced him to two year imprisonment.
The court also directed him to pay Rs 16 lakh to complainant Abdul Lateef Khan as fine.
In the order, the Judge said that the complainant has proved that cheques issued to him were returned by the Bank due to insufficient funds in the account of the accused.
“The complainant during the course of trial has proved that the accused was in legally enforceable debt for which he (accused) issued the cheques in question which were presented before the bank but were returned unpaid due to insufficiency of funds in the account of the accused,” the court said.
The Judge also said that the accused has failed to prove that he has not received the notice. Mohd Rafiq and associates appeared on behalf of the complainant
