MANZOOR AHMAD SOFI Vs. JAMEEL AHMAD BHAT

JUDGEMENT

(1.) ) The petitioner has challenged the complaint filed by the respondents against him alleging commission of offence under Sec. 138 of Negotiable Instruments Act (hereinafter referred to as the NI Act) as also the proceedings emanating therefrom. The impugned complaint is stated to be pending before the Court of Judicial Magistrate, 1st Class, Bandipora (hereinafter referred to as the trial Magistrate).

(2.) ) It appears that the respondents filed a joint complaint before the trial Magistrate alleging therein that they are contractors by profession and that the petitioner/accused by way of an agreement had allotted some work to them in partnership. It is further alleged in the complaint that an amount of Rs.17,00,000.00 was outstanding against the petitioner as cost of the work executed by the respondents. The petitioner is stated to have issued three cheques, out of which two cheques for an amount of Rs.6.00 lacs and Rs.5.00 lacs were issued in favour of respondent No.1-Jameel Ahmad Bhat whereas one cheque for an amount of Rs.6.00 lacs was issued in favour of respondent No.2-Mohammad Rafiq Bhat. These cheques, when presented for encashment by the respondents were returned unpaid for the reason of insufficiency of funds by the banker of the petitioner/accused and in this regard a joint memo of dishonor dtd. 14/11/2018 was issued by the bank. The respondents, through their counsel, served a joint legal notice of demand dtd. 28/11/2018 upon the petitioner but despite receipt of the same, the petitioner failed to discharge his liability within the stipulated period of time which prompted the respondents to file the impugned complaint before the trial Magistrate.

(3.) ) The only ground which has been urged by the petitioner for impugning the complaint and the proceedings emanating therefrom is that a joint complaint on behalf of two or more person is not maintainable because the same is not contemplated either under the provisions of the Criminal Procedure Code or under the provisions of the NI Act.