SARTAJ AHMED KHAN Vs. MOHD. ISMAIL

JUDGEMENT

(1.) The present petition has been filed by the petitioner for quashing the order dtd. 5/7/2017 passed by the learned District Mobile Magistrate, Doda (hereinafter to be referred as 'the trial court'), whereby process has been issued against the petitioner for commission of offence under Sec. 138 Negotiable Instruments Act in a complaint titled, 'Mohd. Ismail v. Sartaj Ahmed Khan'.

(2.) The ground for assailing the order impugned are that the notice has not been served upon the petitioner as the respondent has mentioned wrong address of the petitioner and that the cheque has been issued by the Company and the Company has not been arrayed as a party in the complaint.

(3.) Mr. Pawan Dev Singh, learned counsel for the petitioner vehemently argued that the respondent has given wrong address of the petitioner and further, complaint could not have been filed against the petitioner without arraying the Company as party.