S MOHAN SINGH Vs. MADAN LAL

JUDGEMENT

(1.) The respondent has filed a complaint against the petitioner in the Court of Sub Judge Judicial Magistrate Ist Class, Jammu under Section 138 of the Negotiable Instruments Act and the learned Magistrate had issued the process.

(2.) On Ist of June 1993 when the parties appeared before the Magistrate a plea was taken by the accused that the complaint and the statements recorded by the Magistrate under Section 242, Cr. P.C. do not disclose that the accused had issued a cheque in discharge of debt which was prerequisite under Section 138 of the Negotiable Instruments Act. The Magistrate adjourned the case for further arguments.

(3.) This petition has been filed under Section 561-A, Cr. P.C. seeking quashment of the proceedings before the learned Magistrate.