ZUBAIR MASOODI Vs. ADAM ZAHOOR

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing the complaint tilted 'Adam Zahoor vs. Zubair Ahmad Masoodi' under Sec. 138 of the Negotiable Instrument Act, pending before the Court of Judicial Magistrate, 1st Class (Sub-Registrar), Srinagar (for short 'the trial court' and also the order by virtue of which the process has been issued against the petitioner.

(2.) It is stated that the learned trial court has issued the process despite the fact that the original cheque was not filed with the complaint before the issuance of notice by the trial court and it was only on 1/11/2013, the trial court permitted the respondent to place on record the original cheque and the memo on the request of the respondent and the cheque as well as the memo in original were placed on record before the trial court on 18/2/2014.

(3.) From the record, this Court finds that earlier also, the petitioner had filed a petition bearing 561-A No.163/2015 and the prayer of the petitioner to quash the complaint as well as the order of issuance of process was rejected by this Court vide order dtd. 14/3/2017. The petitioner in fact wants to reopen the issue again through the medium of this petition, which is not permissible in view of dismissal of the petition filed by the petitioner for the same relief.