ABDUL HAMID WANI Vs. ABDUL HAMID LONE

JUDGEMENT

(1.) The petitioner, through the medium of present petition, has challenged the complaint filed by the respondent against him for offence under Sec. 138 of the Negotiable Instruments Act, which is stated to be pending before the court of learned Additional Mobile Magistrate, Shopian (hereinafter referred to as "the trial Magistrate"). Challenge has also been thrown to order dtd. 10/6/2022, passed by the learned trial Magistrate, whereby cognizance of the offence has been taken and process has been issued against the petitioner.

(2.) It appears that the respondent has filed a complaint alleging commission of offence under Sec. 138 and 142 of Negotiable Instruments Act against the petitioner before the Court of learned trial Magistrate. In the complaint, it is alleged that the petitioner owes an amount of Rs.14.00 lacs to the respondent and in connection with liquidation of the said amount, he had issued cheque bearing No.29633156 dtd. 11/5/2022, for an amount of Rs.14.00 lacs payable at J&K Bank Branch Unit Harmain, Shopian. When the said cheque was presented for its encashment, the same was returned unpaid with the remarks "alterations require drawer's authentication."

(3.) It is further alleged that after receiving the aforesaid information from the Bank, the respondent served a legal notice of demand dtd. 23/5/2022 upon the petitioner calling upon him to make the payment within fifteen days. However, the petitioner failed to make the payment within the aforesaid period, which prompted the respondent to file the complaint before the learned trial Magistrate.