Srinagar, Feb 14 — A man convicted in a ₹72-lakh cheque dishonour case fled the court premises moments after sentencing, following which the Chief Judicial Magistrate (CJM), Srinagar, ordered his immediate arrest and confinement in Central Jail Srinagar.
The accused, a resident of Beerwah in Budgam district, was sentenced to one year of simple imprisonment and fined ₹1.44 crore—twice the cheque amount—under the provisions of the Negotiable Instruments Act.
Taking serious note of the escape, the court directed the Station House Officer concerned to secure the convict “without any delay” and authorised his detention in Central Jail Srinagar.
The CJM also ordered recovery of the fine through a levy warrant to be executed by the District Collector, Budgam, permitting attachment of both movable and immovable properties of the convict.
The case arose from a 2018 complaint alleging that the accused had received ₹72 lakh on the assurance of facilitating the purchase of five kanals of land in the Dodpathri area. Subsequent verification revealed that the land was neither available for sale nor under the accused’s authority.
When confronted, the accused issued a cheque for ₹72 lakh in February 2021, drawn on a Srinagar branch of JK Bank. The cheque was returned unpaid due to insufficient funds. Despite issuance of a statutory legal notice, the amount remained unpaid, leading to prosecution.
During the trial, the defence admitted the signature on the cheque but claimed it was a blank signed leaf that had been misused. The court rejected the plea, noting that no complaint of misuse had ever been filed and no stop-payment instructions were issued to the bank.
Relying on statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act, the court held that the presumption of a legally enforceable debt remained unrebutted, leading to conviction and sentencing.