The court of the 2nd Additional Munsiff and Judicial Magistrate First Class, Srinagar, presided over by Vikas Bhardwaj, also ordered the convict, Tahir Mushtaq Dar of Ikhrajpora, Rajbagh, to pay a total financial penalty of ₹8.20 lakh.
The order came after a complaint was filed under Section 138 of the Negotiable Instruments Act by Tariq Ahmad Sheikh, a resident of Brein Nishat, Srinagar.
The matter dates back to late 2024, when the complainant approached the court alleging that Dar had falsely claimed employment in the Deputy Commissioner’s (DC) Office in Srinagar to win his confidence. Dar allegedly induced the complainant to pay a “token amount” of ₹6,00,000 under the pretext of allotting him a residential plot in the Zakura area of Srinagar.
However, the promised plot was never allotted. Facing persistent demands for a refund of the principal amount, Dar issued a bank cheque for ₹6,00,000 dated July 27, 2024, drawn on the Jammu & Kashmir Bank, Lal Mandi branch.
When the complainant presented the cheque for payment at the J&K Bank branch in Upper Sathoo, it was returned dishonoured on October 3, 2024, with the bank memo citing “Funds Insufficient”. A subsequent statutory legal notice served to the accused failed to elicit a response, prompting the complainant to seek legal action.
During the trial, when the substance of the accusations was formally read to him on December 4, 2025, Dar entered a plea of guilt. The court noted that “the accused pleaded guilty and submitted that he had issued the cheque in question in favour of the complainant; however, due to financial constraints, he could not make the payments and sought time to liquidate the amount”.
Despite being granted multiple extensions to clear the debt, Dar failed to pay, leading to a brief period in judicial custody. He was subsequently released following directions from an appellate court upon an interim payment of ₹50,000 to the complainant and the furnishing of sufficient sureties. The remaining balance, however, was never cleared.
In its final order, the court noted that the voluntary admission by the accused satisfied all the foundational criteria of the law.
“The plea recorded reflects a conscious and voluntary admission on the part of the accused that the cheque was issued towards discharge of a legally enforceable debt/liability and that the same could not be honoured due to insufficiency of funds,” the court observed.
The court added that because the signature and the transaction remained uncontested, statutory presumptions worked strictly in favour of the complainant.
Criticising the prolonged non-payment, the court remarked that the conduct of the accused in “seeking time on multiple occasions but failing to liquidate the liability further fortifies the case of the complainant”.
The court added that the ultimate “failure to discharge liability despite opportunities granted by this Court leaves no room for doubt regarding the culpability of the accused”.
Holding Dar guilty, the magistrate awarded him a sentence of simple imprisonment for a period of one year at the Central Jail, Srinagar. Out of the total fine of ₹8,20,000 imposed by the court, the ₹50,000 previously paid by Dar will be adjusted, leaving an outstanding balance of ₹7,70,000 payable entirely to the complainant as compensation.
The court further ordered that if the convict fails to clear the remaining compensation balance, the District Magistrate of Srinagar shall identify his movable or immovable properties for attachment and sale under the relevant procedures established by law to recover the outstanding ₹7,70,000 for the complainant. (KDC)
