KHALID BIN GANI Vs. MOHD. ASHRAF DAR

JUDGEMENT

(1.) In the instant petition, under challenge is the order dated 15.3.2019 (for short 'impugned order') passed by the court of 4th Additional District Judge, Srinagar, (for short 'revisional court') in a revision filed by the respondent herein while throwing challenge to the order dated 25.6.2018 passed by the CJM Srinagar (for short 'trial court') in case titled as Khalid Bin Gani and another versus Mohd. Ashraf Dar.

(2.) The facts those stem out from the perusal of the petition reveal that a criminal complaint under section 138 Negotiable Instrument Act (for short the Act) for dishonor of three cheques issued by the respondent herein in favour of the petitioners, had been instituted after the complainants/petitioners herein had sent a demand notice through registered post inasmuch as after the expiry of stipulated period the accused/respondent herein had failed to pay the amount covered under cheques in question.

(3.) A perusal of the petition further reveals that the accused/respondent herein appeared before the trial court after being summoned and filed bail bonds thereof. The statement of the accused/respondent herein has been recorded under section 242 CrPC wherein the accused is stated to have admitted the issuance of cheques but disputed to have received the demand notice. The accused/respondent herein, however, admitted to have received the notice of the complaint of the trial court and despite that did not pay the cheque amounts after the receipt of the said notice of the trial court.