SRINAGAR: A local court here has sentenced a man from Srinagar district to simple imprisonment of three months in a cheque bounce case.
The court of judicial magistrate, first class, Tabassum Qadir Parray, also directed the accused, Imran Ahmad Dabla, a resident of HMT TK College Srinagar, to pay Rs 74000 as compensation besides the pending money out of the original cheque amount that bounced to the complainant, Irshad Ahmad Danga of Madina Colony Bemina.
Danga, his father Bashir Ahmad and other person, Altaf Rashid had approached Dabla with a request to sell off a small patch of land measuring 5ft x 18ft at Amira Kadal here to them. Dabla agreed and the rate for the land was fixed at Rs 8 lakhs. As part of the advance payment, Danga and others paid Rs 4,15,000 to him jointly. Subsequently Dabla handed over physical possession of the land to Danga and others and both parties agreed to payment of remaining payment at the time of execution of the legal documents.
However, as per Danga, Dabla entered into the deal of the patch of land with some other persons on higher amount and requested him and other co-purchasers to deliver back the physical possession of the land with an assurance that the advance payment made by the them will be returned together with the cost of expenditures incurred in shape of purchasing of building material by Danga and others. The amount was mutually calculated at Rs 1,47,195 and as such Dabla had to pay Rs 5,62,195. Dabla pleaded financial constraint for returning the whole amount in one time and later issued three post-dated cheques for Rs 1,73,000 (two each for Rs 50000 and one for Rs 73000) to Danga and his father on account of their share in advance payment and promised to repay the remaining outstanding amount in 15 days while as he has repaid whole amount to Altaf Rashid, the other co-purchaser.
On presenting the cheques before the concerned bank, they got bounced following which Danga approached Dabla again who assured to make the payment in couple of days but failed. Subsequently Danga filed a complaint before the court. Dabla appeared after notice by the court and paid 37000 on different dates to Danga. He also admitted before court to repay Rs 163000 minus 37000 within four months. He later made payment of Rs 15000 and few other cash installments. However, after make these installments, Dabla failed to appear before the court.
“Therefore, in view of the application for compounding filed before this court and thereafter the payment of certain installments, do not require this court to record evidence to be adduced by the complainant,” the court said and disposed of the Danga’s complainant by convicting Dabla to undergo three months simple imprisonment and pay the remaining liability amount of Rs 1, 26,000 and compensation of Rs 74000 to Danga who was represented before court by advocate Mustahsan Mattu.