LAWS(J&K)-2021-12-150

NARINDER KUMAR BHAGAT Vs. GOURAV BHATIA

Decided On December 07, 2021
Narinder Kumar Bhagat Appellant
V/S
Gourav Bhatia Respondents

JUDGEMENT

(1.) The present petition has been filed by the petitioner for quashing the order dtd. 26/4/2014 by virtue of which the learned Munsiff (JMIC), Akhnoor has issued the process against the petitioner in a complaint titled Gourav Bhatia Vs. Narinder Kumar, filed under Sec. 138 of Negotiable Instrument Act. The order dated 260.4.2014 has been impugned on the following grounds.

(2.) Mr. D. K. Bangotra, learned counsel appearing on behalf of the petitioner has vehemently argued that the respondent has filed the instant complaint after suppressing the material facts from the trial Court and as such not only the process is required to be quashed but the proceedings pending before the learned trial Court too are required to be quashed and further that there is no averment in the complaint that the cheque was issued in discharge of legal debt or liability.

(3.) None has appeared on behalf of the respondent. As such, this Court has considered the present petition on the basis of the record of the trial court. Heard and perused the record.