Srinagar: A Srinagar court has convicted and sentenced a Buchpora resident, Hakeem Zaffar Ahmad, in a cheque dishonour case worth ₹40 lakh, marking one of the significant verdicts under Section 138 of the Negotiable Instruments Act.
Details available with news agency JKNS, the presiding City Judge Abdul Bari awarded the convict one year of simple imprisonment and directed him to pay ₹40,35,000 to the complainant, Rattan Singh of Lalpora, Tral Pulwama.
The compensation includes the original cheque amount of ₹30 lakh with 6% interest. The payment must be made within one month after the expiry of the appeal period or its disposal, failing which the accused will face an additional three months in jail, it stated.
The complainant, represented by Advocate Irfan Qadir, presented dishonoured cheques, loan undertakings, and receipts in support of his claim. The defense argued that the cheques were obtained under coercion, but the court dismissed this contention as baseless since no police report or intimation to the bank had ever been made by the accused.
After a detailed examination of evidence and witness statements, the court concluded that the cheques were issued to clear a lawful debt rather than as security. It further noted that the accused failed to disprove the statutory presumption of liability under Section 139 of the NI Act, thereby establishing his guilt.
The judgment has been hailed across legal and business circles as a firm and fair decision reinforcing trust in the judiciary. Observers have credited Judge Abdul Bari for taking a tough stand against financial misconduct, while Advocate Irfan Qadir was praised for his effective advocacy that secured justice for the complainant.
The ruling, according to legal experts, underscores the judiciary’s resolve to protect the sanctity of financial instruments and assures that those misusing cheques to evade debts will face strict consequences. (JKNS)
