Sumbal, Jun 3 (JKNS): Judicial Magistrate 1st Class Sumbal has convicted a Baramulla resident in a cheque dishonour case under Section 138 of the Negotiable Instruments Act and sentenced him to one year of simple imprisonment besides directing him to pay ₹10 lakh as compensation to the complainant.
As per news agency JKNS, The case was filed by Haji Asadullah Dar of Shahgund, Hajin, who alleged that the accused, Abdul Ahad Lone of Zangam Pattan, owed him ₹7 lakh arising out of fruit business transactions. According to the complaint, the accused had issued two cheques amounting to ₹4 lakh and ₹3 lakh respectively towards discharge of the liability. However, both cheques were dishonoured by the bank due to insufficient funds.
During the trial, the complainant produced documentary evidence and examined several witnesses, including bank officials and persons associated with the business dealings, to establish the outstanding liability. The accused admitted his signatures on the cheques but claimed that the signed cheques had been lost and were later misused.
The court, after examining the evidence and hearing both sides, found the defence unsubstantiated and held that the accused had failed to rebut the statutory presumption available in favour of the complainant.
In her judgment, Judicial Magistrate 1st Class Sumbal, Rahila Rashid, observed that the complainant had successfully established the existence of a legally enforceable debt and proved that the cheques were issued towards discharge of the liability.
The court further held that the accused had failed to produce any convincing evidence to support his claim that the cheques had been lost or misused.
Accordingly, the court convicted the accused under Section 138 of the Negotiable Instruments Act and sentenced him to one year of simple imprisonment. The court also directed the convict to pay ₹10 lakh as compensation to the complainant.
Reacting to the verdict, complainant Haji Asadullah Dar welcomed the judgment and said the decision had reinforced his faith in the judicial system. He termed the verdict a victory of truth and justice after a prolonged legal battle spanning nearly a decade.
Dar also expressed profound gratitude to Senior Advocate Jalal-Ud-Din for his exceptional legal expertise, dedication and unwavering commitment throughout the proceedings. He said the senior counsel meticulously prepared and presented the case before the court of Judicial Magistrate 1st Class Sumbal, Rahila Rashid, effectively marshalled the documentary and oral evidence, and advanced persuasive legal arguments that helped establish the complainant’s case.
According to Dar, the tireless efforts, professionalism and perseverance displayed by Senior Advocate Jalal-Ud-Din played a crucial role in securing justice and bringing the matter to its logical conclusion. He described the advocate as a highly respected legal practitioner whose competence, commitment and diligent handling of the matter were instrumental in achieving a favourable outcome in the case. (JKNS)
