SHRIKANT CHAVAN Vs. HOTEL THE VAISHNO DEVI

JUDGEMENT

(1.) Shrikant Chavan invokes the jurisdiction of this Court under S. 561-A of the Criminal Procedure Code for quashing proceedings pending before Judicial Magistrate First Class, Katra, in complaint No. 21 of 19th of May, 2005, complaining that the Complaint of respondent, Hotel the Vaishno Devi, under Section 138 of the Negotiable Instruments Act was incompetent and Judicial Magistrate First Class, Katra, had erred in issuing process against the petitioner in violation of statute in force.

(2.) Proceedings before Judicial Magistrate, Katra, are sought to be quashed on the ground that two cheques for Rupees one lac each, drawn on Kotak Mahindra Bank Ltd. on account of the petitioner had not been presented to the Bank within the period of validity and in that view of the matter, no offence under Section 138 of the Negotiable Instruments Act could be said tp have been, prima facie, established against the petitioner justifying issuance of process against him. In order to support his submissions, the petitioner relies on the documents placed by the respondents on the file of learned Judicial Magistrate First Class, Katra.

(3.) Shri Sunil Hali, learned counsel for the petitioner, reiles on Vijaya Rao v. State of Rajasthan and another, reported as (2005) 7 SCC 69, and Shri Ishar Alloys Steel Ltd. v. Jayaswal's NECO Ltd., reported as 2001 Criminal Law Journal 1250 (SC).