Cheque Bounce Convict Absconds; Court Orders Immediate Arrest and Lodging in Central Jail Srinagar

Srinagar, Feb 12, KNT: In a dramatic development during the pronouncement of judgment in a Rs. 72 lakh cheque dishonour case, a Budgam resident absconded moments after being convicted by the Court of Chief Judicial Magistrate Srinagar. The court immediately directed the Station House Officer (SHO) of the concerned police station to arrest the accused and lodge him in Central Jail Srinagar forthwith.

The judgment was delivered by Chief Judicial Magistrate Tabasum in a complaint filed under Section 138 read with Section 142 of the Negotiable Instruments Act. The accused, Shafiq Ahmad Sheikh of Najan Beerwah, Budgam, was sentenced to one year simple imprisonment and directed to pay a fine of ₹1.44 crore — double the cheque amount involved in the case. The complainant was represented by Advocate Marouf Khan.

The case arose from a complaint filed by Mohammad Yaseen Mir of Lawaypora, Srinagar, who alleged that the accused had taken Rs. 72 lakh from him in 2018 on the assurance of arranging five kanals of land at Dodpathri in Budgam district. Upon later verification, the complainant discovered that the land was not for sale and that the accused had no authority over it.

Following confrontation, the accused issued a cheque dated February 15, 2021, for Rs. 72 lakh drawn on J&K Bank, Air Cargo Branch, Srinagar. The cheque was returned unpaid due to “insufficient funds.” Despite service of a statutory legal notice, the accused failed to clear the amount, leading to the filing of the complaint.

During trial, the accused admitted his signature on the cheque but claimed it was a blank signed cheque misused by the complainant. However, the court observed that he had neither lodged any complaint alleging misuse nor issued stop-payment instructions to the bank. Relying on statutory presumptions under Sections 118 and 139 of the NI Act, the court held that the complainant had successfully proved issuance, dishonour, and non-payment despite notice.

In addition to imprisonment, the court ordered recovery of the fine through levy warrant by the District Collector Budgam, authorizing attachment of movable and immovable properties of the convict. [KNT]