CJM Orders Immediate Arrest, Directs Lodging in Central Jail Srinagar
Srinagar: A man convicted in a high value cheque dishonour case fled from court premises immediately after sentencing, forcing the Chief Judicial Magistrate Srinagar to order his immediate arrest and confinement in Central Jail Srinagar.
The accused, a resident of Beerwah in Budgam district, was found guilty under provisions of the Negotiable Instruments Act in connection with a Rs 72 lakh financial transaction linked to a land deal. The court awarded him one year of simple imprisonment and imposed a fine of Rs 1.44 crore, equivalent to twice the cheque amount.
The case stemmed from a complaint alleging that the convict had accepted Rs 72 lakh in 2018 on the assurance of facilitating purchase of five kanals of land in the Dodpathri area. Subsequent verification revealed that the land was neither available for sale nor under his authority.
When confronted, the accused issued a cheque in February 2021 for the said amount drawn on a Srinagar branch of J&K Bank. The instrument was returned unpaid due to insufficient funds. Despite statutory notice, the liability remained unsettled, leading to prosecution.
During trial proceedings, the defence admitted the signature on the cheque but claimed misuse of a blank signed leaf. The court rejected the plea, observing that no complaint of misuse was ever filed nor any stop payment instructions issued. Relying on statutory presumptions under Sections 118 and 139 of the Act, the court held that the presumption of legally enforceable debt stood unrebutted.
Besides imprisonment, the court authorised recovery of the fine through levy warrant by the District Collector Budgam, permitting attachment of movable and immovable properties. The Station House Officer concerned has been directed to secure the convict without delay. [KNT]
