MANZOOR AHMAD WANI Vs. UMAR RAFIQ GANAI

JUDGEMENT

(1.) The petitioner has challenged criminal complaint filed by respondent No.1 for offences under Sec. 420 RPC read with Sec. 138 of against the petitioner and respondent No.2 and 3, as also the order dtd. 3/4/2019 passed by learned Judicial Magistrate 1st Class, Tral, whereby process has been issued against the petitioner.

(2.) It is case of the petitioner that he is not directly or indirectly involved with the job of consultancy with which respondent No.1 was allegedly having certain transaction nor has he issued the cheque which is subject matter of the complaint before the trial Magistrate. On this basis, it is contended that the allegations made in the complaint against the petitioner herein do not disclose commission of any offence by him.

(3.) Per contra, respondent No.1 has contended that the Magistrate at the stage of taking cognizance and summoning, is not required to evaluate the merits of the material or evidence in support of the complaint. If a perusal of the complaint discloses that, prima facie, offences are alleged against the respondent (s), the process has to be issued and the same cannot be stifled by the High Court in exercise of its jurisdiction under Sec. 482 Cr. P. C. The respondent No.1 has relied upon the judgment of Supreme Court in Kamal Shivaji Pokarnekar\. State of Maharashtra and others, AIR 2019 SC 847.