A local court in Srinagar has convicted a man in a cheque bounce and land fraud case, sentencing him to one year of imprisonment and imposing a fine of Rs 13.5 lakh. The case pertains to a fraudulent land deal in which the victim was sold a plot unfit for construction, and later issued a cheque that bounced due to insufficient funds.
The 2nd Additional Munsiff Court (Judicial Magistrate 1st Class), Srinagar, presided over by Judge Vikas Bhardwaj, passed the judgment in a case filed by Dr. Baby Summuna, a resident of Karan Nagar, Srinagar. The complainant had accused Mohammad Ashraf Sheikh of Palhipora Safapora, presently residing in Khanyar, of duping her by showing and selling her a piece of land at Azad Colony, Batapora. The land, it turned out, fell under a high-tension electric line and was unfit for construction as per the Electricity Act.
After the complainant demanded a refund, the accused issued a post-dated cheque for Rs 9,20,000. However, the cheque was dishonoured due to insufficient funds. Despite the service of a legal notice, the accused failed to repay the amount, leading to proceedings under Section 138 of the Negotiable Instruments Act, 1881.
In the detailed judgment, the court as observed that the cheque was not issued as security but rather as a voluntary repayment of an acknowledged debt. It ruled that the complainant had successfully proved all necessary elements of the offence under the NI Act and that the accused failed to rebut the presumption under Section 139 of the Act.
The court sentenced the accused to one year of simple imprisonment at Central Jail Srinagar and imposed a fine of Rs 13,50,000. The judge directed that the fine be paid as compensation to the complainant. In the event of non-payment, the District Magistrate has been instructed to identify and attach the accused's movable or immovable property, which will then be sold to recover the amount.
The complainant was represented by Advocate Naseem Qadri.