Srinagar, Jun 2 (JKNS): A Srinagar court has sentenced a Rajbagh resident to one year of simple imprisonment and imposed a fine of ₹8.20 lakh in a cheque dishonour case linked to an alleged failed real estate transaction.
As per news agency JKNS, The judgment was delivered by the Court of the 2nd Additional Munsiff and Judicial Magistrate First Class, Srinagar, presided over by Judicial Magistrate Vikas Bhardwaj, in a complaint filed under Section 138 of the Negotiable Instruments Act by Tariq Ahmad Sheikh of Brein Nishat, Srinagar, as per details available with news agency JKNS.
According to the complaint, the accused, Tahir Mushtaq Dar of Ikhrajpora, Rajbagh, allegedly induced the complainant to pay ₹6 lakh as a token amount on the assurance of allotting a residential plot in Zakura. However, the plot was never allotted. To refund the amount, the accused issued a cheque of ₹6 lakh, which was later dishonoured by the bank due to insufficient funds.
After the cheque bounced and a legal notice failed to secure repayment, the complainant approached the court. During the trial, the accused admitted issuing the cheque and pleaded guilty, citing financial constraints and seeking time to clear the liability.
The court observed that despite being granted several opportunities and extensions, the accused failed to liquidate the outstanding amount. It noted that the admission of guilt, issuance of the cheque and failure to honour the liability established the offence beyond doubt.
“The plea recorded reflects a conscious and voluntary admission on the part of the accused that the cheque was issued towards discharge of a legally enforceable debt and could not be honoured due to insufficiency of funds,” the court observed.
Holding the accused guilty, the court sentenced him to one year of simple imprisonment at Central Jail Srinagar and imposed a fine of ₹8.20 lakh. Out of the total amount, ₹50,000 already paid by the accused during proceedings has been adjusted, leaving ₹7.70 lakh payable to the complainant as compensation.
The court further directed that if the remaining compensation amount is not paid, the District Magistrate Srinagar shall identify and attach the movable or immovable properties of the convict and proceed with recovery in accordance with law. (JKNS)
