A court in Srinagar has sentenced a man to one year of simple imprisonment in a ₹46.50 lakh cheque bounce case and directed him to pay a fine equivalent to twice the cheque amount as compensation to the complainant. Senior lawyer Bashir Sidiq appeared for the petitioners in the case.
As per the judgment, the accused was convicted for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, which deals with cheque dishonour. The court directed that he serve his sentence at Central Jail Srinagar.
The accused was absent when the judgment was pronounced. Taking note of his absence, the court ordered the issuance of a non-bailable warrant (NBW) against him. It further directed that the judgment be communicated to him once he is brought before the court. The matter has been listed for October 24, 2026.
According to the complaint, the complainant and the accused had been involved in the sale and purchase of land and properties for several years. Their business dealings had led to a relationship of trust between them.
The complainant alleged that after the accounts were settled, ₹46.50 lakh became payable by the accused. To clear the outstanding amount, the accused issued a cheque dated May 1, 2021, bearing No. 563644 and drawn on J&K Bank’s Brein Nishat branch in Srinagar.
However, when the cheque was presented for encashment, it was returned unpaid on July 28, 2021, with the bank citing the reason “Payment Stopped by Drawer”. Following the dishonour, the complainant issued a legal demand notice on August 24, 2021, asking the accused to pay the amount within the stipulated 15-day period.
The complaint stated that despite receiving the notice, the accused failed to make the payment. The complainant maintained that the cheque had been issued against a legally enforceable liability, leading to the proceedings under Section 138 of the Negotiable Instruments Act.
The court record also notes that the delay in filing the complaint had been condoned through an order dated March 9, 2022. After adjudicating the case, the court sentenced the accused to one year of simple imprisonment and imposed a fine equivalent to double the cheque amount, directing that the amount be paid as compensation to the complainant.
With the accused absent at the time of the judgment, the court ordered a non-bailable warrant and fixed October 24, 2026, as the next date in the matter.
