TAUSEEF AHMAD
BANDIPORA, Mar 03: A local court in North Kashmir’s Bandipora district has sentenced a man to one-year simple imprisonment and imposed a fine of ₹12 lakh in a cheque bounce case, reinforcing the legal consequences of financial misconduct.
The Judicial Magistrate 1st Class, Sumbal, convicted Ghulam Hassan Bhat, a resident of Kathpora, Hajin, under Section 138 of the Negotiable Instruments Act (NI Act). The court found him guilty of issuing a cheque that was dishonored due to insufficient funds, following a complaint filed by Bashir Ahmad Dar in 2017.
During the proceedings, the court heard arguments from both the defense and prosecution before arriving at its decision.
Bhat’s counsel urged the court to take a lenient view, arguing that the offence was financial in nature and did not involve public safety concerns or moral turpitude. The defense also cited Supreme Court rulings, emphasizing that the primary objective of such cases should be compensation rather than imprisonment.
The complainant’s lawyer, however, opposed leniency, stating that Dar had suffered financial loss, legal expenses, and mental distress due to Bhat’s default. He argued that a strict sentence was necessary to uphold financial discipline and prevent misuse of cheques in commercial transactions.
It was further highlighted that Bhat had been given multiple opportunities to clear his dues but failed to honor his commitments.
After carefully examining the case, the court ruled that while the maximum sentence was not necessary, merely imposing a fine would not serve the cause of justice. The judgment aimed at striking a balance between deterrence and compensation.
The court sentenced Bhat to one-year simple imprisonment and directed him to pay Rs 12 lakh as compensation to the complainant. Furthermore, it ordered that Bhat be lodged in District Jail Pulwama to serve his sentence.
The judgment underscores the legal system’s commitment to ensuring financial accountability and justice in cheque bounce cases, serving as a stern warning against financial misconduct.
