MOHAMMAD YOUSUF BHAT Vs. MOHD MAQBOOL KUMAR

JUDGEMENT

(1.) The petitioner, invoking inherent powers of the Court under section 561-A of Criminal Procedure Code, seeks quashment of order of learned Chief Judicial Magistrate, Pulwama, dated 15.6.2009 where by cognizance has been taken in a complaint under section 138 under Negotiable Instrument Act (for short Act) and process issued against the petitioner.

(2.) Petition has been filed against the following backdrop.

(3.) The respondent on 15.06.2009 filed a complaint in the Court of Chief Judicial Magistrate, Pulwama, under section 138 of Act, against the petitioner alleging therein that a cheque bearing No. 000807 for an amount of Rs. 1.5 lac dated 10.5.2009 drawn by the petitioner payable to respondent at J&K Bank branch office Pulwama had been returned to the respondent unpaid; that as per bank endorsement dated: 26.5.2009 sufficient funds were not available in the petitioner's account to make the payment. The respondent claimed to have issued notice to the petitioner on 26.5.2009 itself asking the petitioner to pay cheque amount within 15 days from the date of receipt of notice. The respondent alleged that the petitioner had committed an offence punishable under section 138 of the Act, and that the respondent had sufficient evidence to substantiate the complaint.