Srinagar: A local court here upheld the imprisonment awarded to a Srinagar man in a cheque bounce case by a subordinate court but decreased the amount of compensation from Rs 12 lac to Rs 9.80 lac.
The 1st Additional Sessions Judge Srinagar upheld the imprisonment awarded by Special Mobile Magistrate Srinagar to Muhammad Iqbal Khan of Kursoo Rajbagh.
Khan was accused by one Arif Bashir Wani of Bemina of giving cheques that were dishonoured by the bank for “insufficient balance”.
“Accused has failed to produce any evidence which would show that the memo, the mention of which has made by complainants witness bank manager concerned has not been issued by the bank or the said memo is fake,” The 1st Additional Sessions Judge Srinagar, Naseer Ahmad Dar, said.
“Mere suggestions of bank manager concerned in cross examination that he cannot say whether memo is correct or wrong as it does not bear seal of the bank is not sufficient to hold that memo is fake,” the court said.
“In view of statement of bank manager, the complainant has been otherwise able to prove the bank memo and consequently proved that cheques where dishonoured by the bank because of insufficient amount lying the account of the accused at the time of presentation of cheques,” the court added and noted that it is well settled law that the payee of the cheque is at liberty to present the cheque in any branch for its collection.
“It is the branch only before which the cheque has been presented has to furnish the bank memo specifying the reasons for its dishonor,” the court said while rejecting the contention that cheque pertains to LD branch of the bank while the memo was issued by Hari Singh High Street branch.