Bandipora A court in Sumbal here in North Kashmir’s Bandipora district has convicted a Baramulla resident in a cheque dishonour case involving ₹7 lakh and sentenced him to one year of simple imprisonment besides directing him to pay ₹10 lakh as compensation to the complainant.
Judicial Magistrate 1st Class Sumbal Rahila Rashid delivered the judgment in a complaint filed by Haji Asadullah Dar of Shahgund, Hajin, under Section 138 of the Negotiable Instruments Act.
According to the complaint, Abdul Ahad Lone of Zangum Pattan owed the complainant ₹7 lakh arising from fruit business transactions and had issued two cheques of ₹4 lakh and ₹3 lakh towards repayment of the liability.
The complainant alleged that both cheques were dishonoured by the bank due to insufficient funds, prompting initiation of legal proceedings.
During the trial, the complainant produced documentary evidence and examined several witnesses, including bank officials and individuals associated with the business dealings, to establish the outstanding liability.
The accused admitted his signatures on the cheques but contended that the signed cheques had been lost and were subsequently misused.
After examining the evidence and hearing both sides, the court found the defence unsupported by convincing material and held that the accused had failed to rebut the statutory presumption available in favour of the complainant.
In the judgment, Judicial Magistrate 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 that liability.
The court further held that the accused had failed to substantiate his claim that the cheques had been lost or misused.
Accordingly, the court convicted Abdul Ahad Lone under Section 138 of the Negotiable Instruments Act, sentenced him to one year of simple imprisonment and directed him to pay ₹10 lakh as compensation to the complainant.
Reacting to the verdict, Haji Asadullah Dar welcomed the judgment and said the decision had reinforced his faith in the judicial system after a legal battle that lasted nearly a decade. [KNT]
