Srinagar: A vehicle salesman was imprisoned for one year in four check-bounce instances.
City Judge Srinagar Fozia Paul fined Imtiyaz Ahmad Malla, proprietor of M/s Wise Guys Autokraft, Amargard, Sopore, Rs 42.80 lakh, twice the value of the dishonoured checks.
“She is a mature person and understands the implications of deceiving people,” the judge said, denying Malla probation.
The court said, “As such, the benefit of probation to such a convict would be to grant licence to such frauds to deceive the public at large.” The complaint has been ongoing since 2014.
Malla gave Crest Auto Kraft Pvt. Ltd., Kunjwani Bypass, Jammu, a Rs 7,80,000 check on February 19, 2014. The check bounced.
The court convicted Malla and sentenced him to one year of simple imprisonment after reviewing the evidence and witness testimony. He was fined Rs 15.60 lakh, twice the check amount.
“Further, an amount of Rs 5,60,000 out of the fine will be paid to the complainant as compensation for the loss suffered by the complainant due to the accused,” the court added.
The judge ordered Malla to serve six months in jail if he failed to pay restitution.
The court also ordered District Collector Baramulla to execute a levy warrant to recover the Rs 10 lakh fine from the accused by attaching their immovable property after the appeal period.
The accused’s February 22, 2014, check case received a similar decision.
Malla was convicted and punished for a January 6, 2014, Rs 2,90,000 check.
The court ordered simple imprisonment for one year and a fine of Rs 5.80 lakh, twice the check amount.
The court further ordered that the plaintiff be compensated with Rs 2.80 lakh from the fine.
The court ordered six months of jail if the accused failed to pay restitution. “Further, such a fine of Rs 3 lakh imposed on the accused will be recovered by issuance of a levy warrant to be executed by District Collector Baramulla, who is authorised to realise the amount from the accused by attachment of immovable property after the period of appeal.”
Malla’s January 2014 check was also ordered by the court.