Srinagar: A trial court in Srinagar has issued summon against daughter of National Conference leader Ali Mohammad Sagar for “failing to repay” borrowed money from a city businessman.
The court of City Munsiff issued the summon against Yasmeena Ali under section 138 of Negotiable Instrument Act on the ground that despite the accused served with legal notice on October 27, she has failed to liquidate the borrowed amount of Rs 1,27,200 to businessman Waseem Wichka, within stipulated period of time.
“As such on perusal of complaint, statement of complainant and documents with file, prima-facie there are sufficient grounds for proceeding against the accused U/s 138 N.I Act. The Registry is directed to issue summon against the accused,” the court said.
The application was moved before court by Wichka, a resident of Habbakadal, through his counsel Amir Masoodi alleging that Yasmeena had approached him and requested to lend her an amount of rupees 1,27,200, with the promise that the amount would be repaid forthwith and “in regard to the promise, the accused issued two cheques for the said amount in order to discharge her liability towards complainant”.
The cheques were deposited by Wichka in the bank but were returned unpaid on October 25 on account of insufficient funds and difference in signature.
After this, Wichka said, Yasmeena assured him that the debt would be settled a little later in cash.
However, Wichka alleged neither the amount was paid in cash nor through bank.
Wichka’s counsel told the court that the accused has wilfully and intentionally committed fraud by cheating the complainant by issuing the cheques, and pleaded for her to be tried under section 138 N.I Act read with 420 RPC.