Uri, May 7: A Court in Uri has sentenced an accused to four months of simple imprisonment after convicting him in a Cheque Bounce Case.
A case was filed by one Mohammad Dawood Lone son of Abdul Karim Lone, resident of Ramgie Uri against one Abdul Rasheed Bhat, son of Anaytullah Bhat, a resident of Ihtishampora Boniyar under Section 138 of Negotiable Instruments Act before Sub-judge Uri.
In a 22-page long order, gist of which is produced here, the learned judge Altaf Hussain Khan observed that the accused is sentenced to simple imprisonment for the period of four months and fine of Rs 12,00000 (Rupees Twelve Lakhs only) since the accused has paid an amount of Ruppes 1,94,0000 (Rs one lakh and Ninety Four thousand Rupees) during the pendency of the proceedings in terms of order passed by this court under section 143-A of N.I act and the same is set off from the fine imposed. Rest Fine amount of Rs 10,06000 (Ruppes Ten lakh and six thousand) shall be paid by the accused to the complainant as compensation within the period of 30 from the date of this judgment.
“With these observations, accused is convicted of the offence U/S 138 of N.I.Act. However, keeping in view the object of Negotiable Instrument Act, Financial gains which cheque amount in question could have fetched had the payment of amount mentioned in the cheques been made to the complainant by the accused on due date as the complaint in hand has been filed on 212022.
Trail of the case 1 too has reached to conclusion within a span of one year and two months. Further accused is apperently old age and is suffering illness. His conduct during trail too has remained satisfactory. He has also paid the interim compensation of Rs 1,94,000 to the complainant in pursuance to order passed by this court on 6-5-2022 in the application for interim relief submitted under section 143-A of Negotiable instruments act and other facts and the circumstances.
The accused is sentenced to simple imprisonment for the period of four months and fine of Rs 12,00000 (Rupees Twelve Lakhs only ) since the accused has paid an amount of Ruppes 1,94,0000 (Rs one lakh and Ninety Four thousand Rupees ) during the pendency of the proceedings in terms of order passed by this court under section 143-A of N.I act same is set off from the fine imposed. Rest Fine amount of Rs 10,06000 (Ruppes Ten lakh and six thousand) shall be paid by the accused to the complainant as compensation within the period of 30 from the date of this judgment”, the order, as per GNS, reads. (GNS)
