Srinagar, May 31: The essential ingredients of Section 138 of Negotiable Instruments Act stand established by the complainant and the accused has failed to rebut the statutory presumption,” the court said and convicted Mohammad Shafi Bhat, the accused, for the offence under section 138 read with section 142 of Negotiable Instruments Act.
However, the court said offence under section 420 IPC has not been established against the accused.
“Therefore, accused Mohammad Shafi Bhat is convicted for commission of offence u/s 138 Negotiable Instruments Act only. Accordingly, accused is sentenced to undergo simple imprisonment for a period of one year and is also sentenced by way of a fine to the tune of Rupees cheque amount plus half of the cheque amount as the case is of the year 2021 only, therefore discretion is exercised in awarding lesser sentence instead of double the cheque amount,” the court said.
The accused, the court said, shall also pay an amount of Rs. 3 lakhs as compensation to the complainant. In total, the accused has been asked to pay Rs—73,50,000 to the complainant.
The accused, the court said, stands already lodged in Kotbalwal Jail. “The fine imposed shall be recovered by the issuance of levy warrant to be executed by District Collector Srinagar authorising him to realize the total amounting to Rs. 73,50,000 (Seventy-Three lakhs and fifty thousand only) by execution /attachment through civil process against both movable and immovable property of the accused,” the court.
The Court directed a compliance report to be filed by District Collector regarding the execution within one month.
