GHULAM AHMAD RATHER Vs. FAROOQ AHMAD PARRAY

JUDGEMENT

(1.) Inherent jurisdiction of this court under Section 561-A Cr.P.C. (now Section 482 Cr.P.C.) is being invoked by the petitioner seeking quashment of complaint File No. 04/C titled as 'Farooq Ahmad Parray vs. Ghulam Ahmad Rather' as also order dated 31-03-2016 and all subsequent proceedings/orders.

(2.) The petition is filed on the premise by the petitioner that the complainant/respondent filed a false and baseless complaint under Section 138 of Negotiable Instrument Act (for short the Act) in the court of Chief Judicial Magistrate, Ganderbal against the petitioner on 31-03-2016 having been assigned to the court of Additional Special Mobile Magistrate, Ganderbal (for short the trial court).

(3.) It is being stated that in the complaint the complainant/respondent alleged that he had business transactions with the petitioner herein and the petitioner owed a sum of Rs. 23,46,000/- to him and in this regard had issued to him two cheques bearing Nos. 356152 dated 04-03-2016 amounting to Rs. 13 lacs and cheque No. 356153 dated 04-03-2016 amounting to Rs. 10,46,000/- drawn at J& K Bank Branch Duderhama.