(1.) A complaint came to be filed against the petitioner before the Chief Judicial Magistrate, Jammu was transferred to the Court of Judicial Magistrate First Class (City Judge) Jammu. After examining the contents of the complaint and preliminary statements of the complainant, trial Court has drawn the cognizance and issued the process against the accused- petitioner herein for commission of the offences punishable under Section 138 of Negotiable Instruments Act, vide order dated 24th August, 2004. Feeling aggrieved petitioner questioned the same before the 2nd Additional Sessions Judge, Jammu. The revision petition came to be dismissed vide order dated 2nd January, 2006.
(2.) THE petitioner has questioned both the orders by the medium of this writ petition and also prayed that entire proceedings be quashed.
(3.) I have gone through the orders passed by IInd Additional Sessions Judge, Jammu and Judicial Magistrate Ist Class ( City Judge) Jammu and am of the considered view that the trial Court while keeping in view the mandate of Section 138 of Negotiable Instruments Act read with Criminal Procedure Code has rightly drawn the cognizance and issued the process. Learned 2nd Additional Sessions Judge, Jammu has rightly dismissed the revision petition.