Srinagar, April 8 A local court in Srinagar has awarded 2 year imprisonment and imposed a fine of Rs 10 lakh to an accused in a cheque bounce case. According to the court judgement, a copy of which lies with, Altaf Hussain Rather was found to be an accused in a cheque bounce case by Special Mobile Magistrate Srinagar. The court observed that as discussed it is crystal clear that the ingredients of Section 138 of N.I Act have been established before this court by the complainant and the accused has failed to rebut the statutory presumption as contemplated under the Act. “As such, in my considered opinion the accused has committed offence under Section 138 read with Section 142 of the N.I Act and shall be punished for the same. Accordingly, the accused namely Altaf Hussain Rather S/o Mohammad Abdullah Rather R/o Yousufabad Bemina, Srinagar is convicted for commission of offence under Section 138 of Negotiable Instruments Act and is sentenced to undergo a simple imprisonment for a period of two years,” the court said. It said the fine of Rs 10,00,000 which is double the cheque amount is also imposed upon the accused. “The fine of so imposed shall be paid as compensation to the complainant. The accused is handed-over to Ld. APP with direction that accused be lodged at Central Jail, Srinagar.” It also said the fine imposed shall be recovered by issuance of levy warrant directed to District Collector Srinagar authorising him to realize the amount of Rs 10,00,000 by execution through civil process against both movable and immovable property of accused and to file compliance within one month from the date of this order.
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