Budgam, Dec 30,: A local court in Beerwah has convicted a Budgam resident in a cheque dishonour case and sentenced him to eight months of simple imprisonment along with payment of compensation amounting to more than Rs 2.65 lakh.
The conviction was recorded by the Court of Additional Special Mobile Magistrate, Beerwah in a complaint filed by Haneef Mohammad Sheikh, an inhabitant of Gondipora Beerwah, under Section 138 of the Negotiable Instruments Act.
The case pertained to the dishonour of a cheque issued in 2019 towards payment for bricks supplied from Sheikh Brick Kiln.
As per court records, the accused, Mohammad Rafiq Sheikh of Kawoosa Khalisa, Narbal, had issued a cheque amounting to Rs 1,91,798 to clear outstanding dues. The cheque, however, was returned unpaid by Jammu and Kashmir Bank on account of insufficient funds.
Despite the service of a statutory legal notice, the accused failed to make the payment within the prescribed period, compelling the complainant to seek legal remedy before the court.
During the trial, the court examined oral and documentary evidence, including testimonies of bank officials and postal authorities. After appreciating the material on record, the court held that the complainant had successfully established the existence of a legally enforceable debt and the issuance of the cheque by the accused. The defence version was rejected as it was not supported by any credible evidence.
Upon conviction, the court sentenced the accused to eight months of simple imprisonment. Additionally, he was directed to pay compensation of Rs 2,65,640, which includes the cheque amount along with interest, within a period of three months. The court further ordered that in case of default in payment of compensation, the accused shall undergo an additional two months of simple imprisonment.
The court observed that the cheque amount had remained unpaid for more than six years, resulting in financial loss to the complainant. The accused was also ordered to be lodged at the Central Jail Srinagar to serve the sentence. [KNT]
