KHURSHEED AHMAD DAR Vs. RIYAZ AHMAD MALIK

JUDGEMENT

(1.) Petitioner has challenged the complaint for offence under Sec. 138 of Negotiable of Instrument Act (N.I.Act) filed by the respondent against him before the Court of Additional Special Mobile Magistrate, Shopian and the proceedings emanating there from.

(2.) Heard learned counsel for the petitioner and perused the record.

(3.) It emerges from the record that a complaint for offence under Sec. 138 of NI Act read with Sec. 142 of N.I.Act and Sec. 420 of IPC has been filed by the respondent herein against the petitioner before the Court of Additional Special Mobile Magistrate, Shopian, wherein, it has been alleged that the petitioner had issued a cheque bearing No.703500 for an amount of Rs.15,00,000.00 on 6/10/2020 and when the said cheque was presented for encashment, the same was returned unpaid to the respondent-complainant by the banker on account of insufficiency of funds. The respondent is alleged to have issued a legal notice to the petitioner. When the payment was not made by the petitioner within the stipulated time, the complaint came to be filed by the respondents before the trial Magistrate.