N K JINNAH Vs. SUNIL FINANCE AGENCIES

JUDGEMENT

(1.) IS it not so amazing to know that the Courts of Law also have become victims like the complainant at the hands of the petitioners/ accused, in the process of delaying and dragging on the proceedings initiated under Sec.138 of the Negotiable Instruments Act by filing petitions after petitions before different forums including this Court suppressing the vital factors as well as the disposal of the earlier petitions by this Court, thereby gained five yearse Yes, this happened in this case.

(2.) LET us now look into the factual matrix involving a chequered history, which is quite disturbing, leading to the filing of these two applications in Crl.O.P.Nos.12121 and 12122 of 1999 seeking for quashing of the proceedings in two private complaints filed for the offence under Sec.138 of the Negotiable Instruments Act by N.K.Jinnah and J.Nizar, the petitioners herein.

(3.) BEING aggrieved over the said order passed by the Sessions Court in the revisions, the petitioners filed two different applications before this Court on 12.11.1998 in Crl.O.P.Nos.23069 and 23169 of 1998 under Sec.482, Crl.P.C. to set aside the orders passed by the Sessions Court. These applications came up after two years for final disposal before this Court. On 2.11.2000 this Court considered the impugned orders and the submissions made by the counsel for the parties, dismissed the said applications rejecting all the grounds raised.