GIRDHARI LAL SHARMA Vs. BASHIR AHMED BATT

JUDGEMENT

(1.) The present petition has been filed by the petitioner for quashing the proceedings of the complaint titled "Bashir Ahmed Batt Vs. Girdhari Lal Sharma" , pending disposal before the Court of learned Additional Special Mobile Magistrate, Doda (hereinafter referred to as "the trial Court?) and also the order dated 07.07.2017 by virtue of which the cognizance has been taken by the trial Court.

(2.) It is stated in the petition that the respondent has filed the complaint under Section 138 of the Negotiable Instrument Act before the trial Court that the petitioner herein had issued a cheque bearing No.166449 dated 02.08.2016 for an amount of Rs.1,80,000/- and the same has been dishonoured by the bank vide memo dated 04.10.2016 and thereafter despite notice dated 17.10.2016, the amount was not paid by the petitioner resulting into the filing of the complaint. It is further stated that without taking cognizance, the petitioner was summoned and as soon as the said fact came to the knowledge of the learned trial court, learned trial court took the cognizance of the complaint vide order dated 07.07.2017. The petitioner has prayed for quashing of the complaint as well as order dated 07.07.2017 on the following grounds:

(3.) Mr. Nirmal Kotwal, learned counsel for the petitioner has reiterated the submissions made in the petition.