Budgam, September 1,2026: The Court of the Chief Judicial Magistrate (CJM), Budgam Abdul Bari delivered judgments in two separate cases today, convicting one individual under Section 353 of the Indian Penal Code (IPC) for assaulting police officials and another under Section 138 of the Negotiable Instruments Act in a cheque dishonour case.
In the first case, the court convicted Mohammad Ali Bhat, son of Ghulam Hassan Bhat, a resident of Rashipora, Budgam, under Section 353 IPC for using criminal force against police officials who were executing a lawful court order.
According to prosecution, a police party had proceeded to Rashipora to enforce a court order regarding accommodation for the accused's wife. Bhat allegedly refused to comply with the order, turned aggressive, and obstructed the police party in discharging their official duties.
The court relied primarily on the testimony of SI Fayaz Ahmad, who was present at the spot and directly witnessed the incident.
However, the court acquitted Bhat of the charge under Section 188 IPC, ruling that in the absence of a duly proved complaint satisfying the mandatory requirement under Section 195 CrPC, conviction under Section 188 could not be sustained merely based on an FIR and police investigation.
The court sentenced Mohammad Ali Bhat to three months of simple imprisonment and imposed a fine of ₹5,000. In default of payment of fine, he will undergo an additional 15 days of simple imprisonment.
One-Year Sentence in Cheque Bounce Case
In a separate judgment pronounced the same day, the CJM Budgam convicted Ghulam Hussain Rather, son of Ghulam Rasool Rather, a resident of Ichgam, Budgam, under Section 138 of the Negotiable Instruments Act in a cheque dishonour case filed by Ali Mohammad Bhat.
The case involved a ₹3 lakh cheque bearing No. 026699 dated May 15, 2023, which was returned unpaid on June 14, 2023, with the bank citing "Funds Insufficient" as the reason. A statutory demand notice was subsequently issued to the accused.
Rather denied having issued or signed the cheque, alleging it had been misused and his signature forged. However, the court found that the accused had failed to produce convincing material to substantiate his defence. The court held that the statutory presumptions under Sections 118(a) and 139 of the N.I. Act remained unrebutted.
The court sentenced Ghulam Hussain Rather to one year of simple imprisonment and imposed a total amount of ₹3,59,425, comprising the ₹3 lakh cheque amount along with 6 per cent interest, to be paid to the complainant within the period prescribed by the court. In default of payment, the accused will undergo a further three months of simple imprisonment.
The court directed that the accused be forwarded to the Superintendent, Central Jail Srinagar, to serve the sentence.
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