JK News Today
Udhampur Oct 20: Sub judge Special Mobile Magistrate Court Udhampur , Slahuddin Ahmed has sentenced a man to undergo one year simple imprisonment in a cheque bounce case and directed the convict to pay Rs 8 lakh compensation to the complainant.
The court said the complainant during the course of trial has proved that the accused identified as Ashraf Ali son of Nizam Din, Prop. M/s Ashraf Chiks & Poultry Feeds, Jib Ashram, Udhampur on 04.04.204 has purchased poultry feed from the complainant Sudha Gupta W/o Anand Sarup Gupta Prop. of M/s A.S. Enterprises, Rathian, Udhampur against bills and promised to pay the bills shortly, but did not oblige the complainant. On repeated demands and persuasions made by the complainant, accused issued cheque amounting Rs. 8 lacs which were returned unpaid due to insufficiency of funds in the account.
The complainant later issued a legal notice to which accused who did not respond. On he complain of complainant 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.
Therefore, keeping in view the aforesaid position of law, and facts and circumstances of the case as well as the circumstances of accused and the nature of offence and considering the fact that the present case pertains to the year 2014 and is 9 years old, I hereby proceed to pass the following sentence.
Court said that the complainant Consel Saniya Mahaan has proved his case and the accused Ashraf Ali son of Nizam Din, Prop. M/s Ashraf Chiks & Poultry Feeds, Jib Ashram, Udhampur is found to be guilty of commission of offence punishable under section 138 N.I. Act and is convicted to undergo simple imprisonment of one year and shall also pay a fine of Rs. 8,00,000/- alongwith simple interest of 9% per annum from the date of cheque till the date of judgment of conviction, i.e., this 20th day of October, 2023. The whole amount of fine shall be paid as compensation to the complainant. In case of default of fine, the accused shall further undergo simple imprisonment for six months.
