Chief Judicial Magistrate Tabasum found Shafiq Ahmad Sheikh, a resident of Najan Beerwah in Budgam district, guilty under Section 138 of the Negotiable Instruments Act for issuing a cheque of ?72 lakh which was dishonoured due to insufficient funds.

 

As per the complaint filed by Mohammad Yaseen Mir of Lawaypora, Srinagar, the accused had taken the money in 2018, promising to arrange five kanals of land at Dodpathri in Budgam. When it was discovered that the land was not available for sale, the accused issued a cheque from J&K Bank’s Air Cargo Branch, Srinagar, on February 15, 2021, to settle the liability. The cheque was returned unpaid, and despite a legal notice, the accused failed to make the payment, leading to the filing of the complaint.Click Here To Follow Our WhatsApp Channel

 

During the trial, Sheikh admitted his signature on the cheque but alleged it was a blank signed document misused by the complainant. The court, however, rejected the defence, noting that no complaint regarding misuse or stop-payment instructions was ever made by the accused. It relied on statutory presumptions under the NI Act, holding that the complainant had successfully proved the issuance and dishonour of the cheque.

 

Following the conviction and sentencing, the accused fled the courtroom, prompting the court to immediately direct the Station House Officer (SHO) of the concerned police station to arrest him and lodge him in Central Jail, Srinagar.

 

In addition to the imprisonment, the court has ordered the recovery of the fine amount through a levy warrant, authorising the District Collector, Budgam, to attach the movable and immovable properties of the convict. Advocate Marouf Khan represented the complainant in the case. (KNS)