Beerwah Court Convicts Man in Cheque Bounce Case; Jail Term, Compensation Awarded

Raja Bilal

Beerwah: 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 exceeding Rs 2.65 lakh.

The judgment was delivered by the Court of Additional Special Mobile Magistrate, Beerwah, in a complaint filed by Haneef Mohammad Sheikh of Gondipora, Beerwah, under Section 138 of the Negotiable Instruments Act. The case related to dishonour of a cheque issued in 2019 towards payment for bricks supplied from Sheikh Brick Kiln.

According to the court record, 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 was returned unpaid by J and K Bank due to insufficient funds. Despite service of a legal notice, the accused failed to make the payment, prompting the complainant to approach the court.

After examining oral and documentary evidence, including bank officials and postal authorities, the court held that the complainant had proved the existence of a legally enforceable debt and issuance of the cheque by the accused. The defence plea was rejected as unsupported by evidence.

On conviction, the court sentenced the accused to eight months of simple imprisonment. The court also directed him to pay compensation of Rs 2,65,640, which includes the cheque amount and interest, within three months. In case of default, the accused will undergo an additional two months of imprisonment.

The court noted that the cheque amount had remained unpaid for over six years, causing financial loss to the complainant. The accused was ordered to be lodged at Central Jail Srinagar.