NEEL KIRAN AGENCIES Vs. PUNJAB TRACTORS LIMITED

JUDGEMENT

(1.) M/S Neelkiran Agencies, its outgoing and continuing partners, have filed this petition seeking quashing of Punjab Tractors Limited's Complaint filed for disnonour of Cheque No. 0567790 dated 14.08.2008 drawn on the Bank of Rajasthan Limited Gate Bikanar Branch for Rs. 20 lac, and the process issued thereon by the learned Judicial Magistrate 1st Class (1st Additional Munsiff) Srinagar.

(2.) I have heard learned counsel for the parties.

(3.) Although number of submissions were made by the petitioners' learned counsel to question the sustainability of respondents' Complaint, and the process issued thereon by the learned Judicial Magistrate, but there may not be any necessity to deal therewith, for, this Petition succeeds on a short point. The learned Magistrate is found to have issued process against the petitioners without taking into consid eration the material placed on records by the respondents along with their Com plaint which included the Memo of Dishonour, issued by the Bank of Rajasthan Limited indicating therein the reason for which the cheque in question was dis honoured.