FAYAZ AHMAD KISHTWARI Vs. GH HASSAN BHAT

JUDGEMENT

(1.) THE petitioner has invoked the jurisdiction of this Court in terms of the mandate of Section 561 -A of Cr.P.C. seeking quashment of the proceedings and the order dated 22nd June, 2004 passed by the Ist Class Judicial Magistrate, Chadoora in the complaint titled Ghulam Hassan Bhat Vs. Fayaz Ahmad Kishtwari under Section 138 of Negotiable Instruments Act.

(2.) IT appears that respondent, Ghulam Hassan Bhat, filed a complaint under Sections 138 of the Negotiable Instruments Act before the First Class Judicial Magistrate, Chadoora against the accused, petitioner herein, on 18th March, 2003. The Magistrate took the cognizance and issued the process against the accused for the commission of offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) IT appears that the petitioner/accused appeared before the said court and raised a plea that complaint is not maintainable. The learned Magistrate, after hearing the learned counsel for the complainant and the accused, held that the complaint has been presented after the prescribed period of limitation but in terms of mandate of proviso to Section 142(b) of Negotiable Instrument Act the Court can condone the delay and accordingly, held that complaint is maintainable. This petition is directed against the said order i.e. order dated 22nd June, 2004 passed by First Class Judicial Magistrate, Chadoora in the said complaint which shall be hereinafter referred to as the impugned order. The petitioner has also prayed that the entire proceedings be quashed.