ABDUL BARI GANIE Vs. GHULAM HASSAN DAR

JUDGEMENT

(1.) The petitioner has challenged the complaint filed by respondent against him alleging commission of offences under Sec. 138/142 of the Negotiable Instruments Act (hereinafter referred to as the NI Act). Challenge has also been thrown to order dtd. 9/9/2022 passed by the learned Chief Judicial Magistrate, Shopian (hereinafter referred to as the trial Magistrate), whereby process has been issued against the petitioner.

(2.) The respondent (hereinafter referred to as the complainant) has filed a complaint against the petitioner (hereinafter referred to as the accused) before the learned trial Magistrate, alleging therein that the accused has issued two cheques for an amount of Rs.5.00 lacs each in favour of the complainant for discharging his liability towards him. When the cheques in question were presented by the complainant before the banker of the accused, the same were returned unpaid on 29/7/2022, for insufficiency of funds. The complainant is stated to have issued a notice of demand to the accused on 12/8/2022 through registered post but the same was returned back with the endorsement'the accused was not present in his home and the family members of the accused refused to receive the notice'. It has been further pleaded in the complaint that the accused despite many requests, did not pay the cheque amount despite having knowledge of the notice of demand. It is pleaded that the cause of action in favour of the complainant arose on 27/8/2022 when the accused failed to pay the cheque amount despite knowledge of the notice of demand. The complaint has been filed before the trial court on 9/9/2022.

(3.) The learned trial Magistrate after recording the preliminary evidence and after recording satisfaction that the offence under Sec. 138 of the NI Act is made out against the accused, issued process against him in terms of order dtd. 9/9/2022.